BACKGROUND: This agreement applies as between you, the User of this Website and CorporateBrainz, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement, the following terms shall have the following meanings:
|
“Account” |
means collectively the personal information, payment information and credentials used by Users to access Get-it and / or any communications System on the Website; |
|
“Content” |
means any text, graphics, images, audio, video, software, data compilations and any other media or form of information capable of being stored in a computer that is contained in Get-it or forms part of this Website; |
|
“Free Content” “Free Templates” |
means any Content that is part of Get-it “Trial Version” or any Free Templates accessible on this Website without the payment of a Licence Fee;means any document on this Website which is located in the ‘free templates’ tab and is expressly purported to be accessible and downloadable without the prior payment of a Licence Fee. |
|
“Learning Establishment” |
means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers; |
|
“CorporateBrainz” |
means CorporateBrainz of St. George’s House, Winnington Avenue, Cheshire, CW8 4EE; |
|
“Get-it” |
means the Get-it product including any and all of its Content accessible only via this Website upon the creation of an Account and the payment of a Licence Fee; |
|
“Service” |
means collectively any online facilities, tools, services or information that CorporateBrainz makes available through the Website either now or in the future; |
|
“Licence Fee” |
means the consideration payable by Users to keep their Account active and to enable them to access Get-it; |
|
“Licence Period” |
means the period for which a licence has been purchased and may refer to 1 month, 3 months, 6 months or 1 year accordingly; |
|
“System” |
means any online communications infrastructure that CorporateBrainz makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
|
“User” / “Users” “User Content” |
means any third party that accesses the Website and is not employed by CorporateBrainz and acting in the course of their employment; and means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored on a computer that appears on or forms part of the Website which is created by Users; |
|
“Website” |
means the website that you are currently using (http://corporatebrainz.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions. |
2. Intellectual Property
2.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of CorporateBrainz, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.
3. Use of Free Content
You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Website for personal, commercial or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by CorporateBrainz. Specifically you agree that:
3.1 you will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by CorporateBrainz;
3.2 you may, as a student of a recognised Learning Establishment, use the Free Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment; and
3.3 employees of Learning Establishments may use the Free Content of the Website for teaching purposes.
4. Use of Get-it
4.1 Payment of a Licence Fee grants you a licence to use Get-it on the Website for the duration of your licence. You may use such Content in the following ways:
4.1.1 for personal purposes;
4.1.2 for internal commercial purposes; and
4.1.3 for internal educational purposes.
4.2 Under such a licence, you agree that:
4.2.1 you will not systematically copy Get-it from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by CorporateBrainz;
5. Third Party Intellectual Property
Where expressly indicated, certain material and the Intellectual Property Rights subsisting therein belongs to other parties. This material, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
6. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of CorporateBrainz or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
7. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.corporatebrainz.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of CorporateBrainz. To find out more please contact us by email at contact@corporatebrainz.com.
8. Use of Communications Facilities
8.1 When using the forums, chat rooms or blogs and / or any other System on the Website you should do so in accordance with the following rules:
8.1.1 you must not use obscene or vulgar language;
8.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.1.3 no Content that is intended to promote or incite violence;
8.1.4 it is advised that posts on message boards, chat facilities or similar and communications with CorporateBrainz are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
8.1.5 you must not post links to other websites containing any of the above types of Content;
8.1.6 the means by which you identify yourself must not violate these terms of use or any applicable laws;
8.1.7 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental; 8.1.8 you must not impersonate other people, particularly employees and representatives of CorporateBrainz or our affiliates; and
8.1.9 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”;
8.2 You acknowledge that CorporateBrainz reserves the right to monitor any and all communications made to us or using our System.
8.3 You acknowledge that CorporateBrainz may retain copies of any and all communications made to us or using our System.
8.4 You acknowledge that any information you send to us through our System or post on the forums/chat rooms or similar may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
9. Accounts
9.1 In order to access Get-it on this Website and to use the forums/chat rooms or similar facilities you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:
9.1.1 all information you submit is accurate and truthful; and
9.1.2 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
9.2 Sharing of accounts is not permitted unless expressly authorised in writing by CorporateBrainz. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
9.3 When choosing your Username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
10. Licences
10.1 Licence Fees commence on the date that you activate your Account. Your credit / debit card will be billed on activation and automatically thereafter 7 days prior to the expiration of a Licence Period.
10.2 Your first payment will be at the price advertised on the Website. CorporateBrainz reserve the right to change Licence Fees from time to time: 10.2.1 increases in price will be reflected in your licence on the date of the immediately subsequent renewal; and
10.2.2 decreases in price will be reflected in your licence on the date of the immediately subsequent renewal.
10.3 If you terminate your licence or account you will continue to have access to Get-it for the remainder of the Licence Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Licence Fee and reactivate your Account.
10.4 If you have subscribed in error you must inform CorporateBrainz within 24 hours of subscribing and must not use the Website or its Content during that time. If any use can be traced to your Account, no refund will be provided.
11. Termination
11.1 Either CorporateBrainz or you may terminate your account and (where relevant) your licence. If CorporateBrainz terminates your Account or licence, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.2 If CorporateBrainz terminates your account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
11.3 If CorporateBrainz terminates your account or licence for any other reason, you will be refunded any remaining balance of your Licence Fee. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Licence Period and multiplied by the number of days remaining until the end of the Licence Period.
11.4 If CorporateBrainz terminates your account or licence, you will cease to have access to Get-it from the date of termination.
11.5 If you terminate your account or licence, you will continue to have access to Get-it for the remainder of your Licence Period as per sub-Clause 10.3.
12. Privacy
12.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
12.2 If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
13. Disclaimers
13.1 CorporateBrainz makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
13.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, CorporateBrainz makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
13.3 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
13.4 Commercial use of the information on this Website is permitted, however CorporateBrainz makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
13.5 Whilst every effort has been made to ensure that all descriptions of services available from CorporateBrainz correspond to the actual services available, CorporateBrainz is not responsible for any variations from these descriptions.
13.6 Whilst CorporateBrainz uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
14. Availability of the Website and Modifications
14.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
14.2 CorporateBrainz accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
14.3 CorporateBrainz reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
15. Limitation of Liability
15.1 CorporateBrainz’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a User’s current licence. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein, to the maximum extent permitted by law, CorporateBrainz accepts no liability. Users should be aware that they use the Website and its Content at their own risk.
15.2 Nothing in these Terms and Conditions excludes or restricts CorporateBrainz’s liability for death or personal injury resulting from any negligence or fraud on the part of CorporateBrainz.
15.3 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
16. Responsibility for Content and Liability
16.1 The Company is not responsible for any User Content and has no obligation to monitor or screen it.
16.2 The Company will not be liable in any way or under any circumstances for any loss or damage that Users and other third parties may incur as a result of User Content, nor for any errors or omissions in such material or any other part of the Website. Use of and reliance on the Website, the Service and User Content is entirely at the risk of the User.
17. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
18. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
19. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and CorporateBrainz.
20. Communications
20.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [insert email . Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
20.2 CorporateBrainz may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the unsubscribe link in any email you receive from us.
21. Law and Jurisdiction
These Terms and Conditions and the relationship between you and CorporateBrainz shall be governed by and construed in accordance with the Law of England and Wales and CorporateBrainz, and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
BACKGROUND:
This agreement applies as between you, the User of this Website and CorporateBrainz the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|
“Content” |
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website; |
|
“CorporateBrainz” |
means CorporateBrainz of St. George’s House, Winnington Avenue, Cheshire, CW8 4EE; |
|
“Service” |
means collectively any online facilities, tools, services or information that CorporateBrainz makes available through the Website either now or in the future; |
|
“System” |
means any online communications infrastructure that CorporateBrainz makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
|
“User” / “Users” |
means any third party that accesses the Website and is not employed by CorporateBrainz and acting in the course of their employment; and |
|
“Website” |
means the website that you are currently using www.corporatebrainz.com and any sub-domains of this site unless expressly excluded by their own terms and conditions. |
2. Intellectual Property
2.1 All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of CorporateBrainz, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by CorporateBrainz.
2.3 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
3. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of CorporateBrainz or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.corporatebrainz.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of CorporateBrainz. To find out more please contact us by email at contact@corporatebrainz.com.
5. Privacy
Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
6. Disclaimers
6.1 CorporateBrainz makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
6.3 Whilst CorporateBrainz uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
7. Availability of the Website and Modifications
7.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
7.2 CorporateBrainz accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
7.3 CorporateBrainz reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, CorporateBrainz accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
8.2 Nothing in these terms and conditions excludes or restricts CorporateBrainz’s liability for death or personal injury resulting from any negligence or fraud on the part of CorporateBrainz.
8.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
11. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and CorporateBrainz.
12. Communications
12.1 All notices / communications shall be sent to us either by post to our Premises (see address above) or by email to contact@corporatebrainz.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
12.2 CorporateBrainz may from time to time send you information about our products and/or services.
13. Audit
13.1 Without prejudice to any other rights CorporateBrainz has under the terms of this Agreement, the User acknowledges that CorporateBrainz may on reasonable notice, and during normal working hours, inspect any and all records and books of account kept by the User in order to verify commission owed to CorporateBrainz in accordance with this Agreement.
13.2 If CorporateBrainz in its reasonable opinion believes that commission is owed, then the User shall upon notice, provide all reasonably requested information in order to ascertain if commission is due and payable (an “Audit”).
13.3 If the results of the Audit reveal that commission is owed to CorporateBrainz then it shall be entitled to invoice, upon which the commission shall become immediately due and payable. In addition, the User agrees that an administration charge shall be added to the invoice in the amount of £50 plus any additional costs that are incurred in recovering the total fees due.
13.4 At the sole discretion of CorporateBrainz, any User considered or found to be owing commission under the terms of the Agreement may have their account disabled until the payment is settled.
13.5 If, following the Audit, CorporateBrainz terminates the User/s account/s any money showing as a credit shall be returned to the User less any fees payable or outstanding.
14. Law and Jurisdiction
These terms and conditions and the relationship between you and CorporateBrainz shall be governed by and construed in accordance with the Law of England and Wales and CorporateBrainz and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.