1. Introduction
These terms and conditions govern your use of BrandStruck content available via brandstruck.co; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
These terms and conditions are only available in the English language.
In these terms we use the term “BrandStruck” to refer to our website at brandstruck.co and our other mobile and online digital apps and services.
BrandStruck uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies. Each Registered User grants BrandStruck consent to send commercial electronic messages whilst undertaking standard customers service programs. Please refer to BrandStruck Privacy Policy for more information
These terms and conditions replace all previous terms and conditions for BrandStruck. We may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. We will provide notice of any significant changes via email. If you are a BrandStruck Registered User, any changes to our terms and conditions will become effective from the date of your or your company’s next payment following the change unless we notify you otherwise. If you are not a BrandStruck Registered User, any changes will become effective as soon as we post them on BrandStruck.
2. Registration
Only companies (not individuals) can be BrandStruck subscribers. Companies from the EU (excl. UK) can subscribe to BrandStruck, only if they present their VAT registration number.
Each registration is for a single user only. Even if you buy a subscription package for multiple users (“Agency” for 2-9 users or “Corporate” for up to 70 users), each registration is for a single user. When buying “Agency” and “Corporate” packages, you will get a code and a link to share with your co-employees, for whom you are buying access to BrandStruck, which will allow them registration. This code can be shared only with people, who are hired by the same company as yours. You should never share this link and / or code with anybody from outside your company as it will mean breaching these terms & conditions.
On registration, you will choose a user name and password (“ID”). You are not allowed to share your ID or give access to BrandStruck content through your ID to anyone else. We do not allow multiple users on a network or within an organization to use the same ID. We may cancel or suspend your access to BrandStruck or charge you an additional user fee, if you share your ID with other people. You may not create additional registration or subscription accounts for the benefit of others or with the aim of avoiding our use of IDs to control access to and use of BrandStruck.
You are responsible for all use of BrandStruck made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify BrandStruck immediately by e-mailing us at brandstruck@brandstruck.co. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
If you provide us with an email address that will result in any messages we may send you being sent to you via a network or device operated or owned by a third party then you promise that you are entitled to receive those messages. You also agree that we may stop sending messages to you without notifying you.
3. License to use BrandStruck
Unless otherwise stated, we, owners of BrandStruck, own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
We, BrandStruck owners, have no rights to the analysed companies’ trademarks. We use them only to explain and support BrandStruck analyses. If you believe that we are using your content or trademarks without your consent, please email us at brandstruck@brandstruck.co so we can investigate this.
You don’t own any rights to the content on the website, be it texts, images, videos, designs etc.
You may view, download and print pages from the website only for internal use within your company – e.g. for educational purposes. If you want to show BrandStruck analyses to your clients, potential clients, contractors and potential contractors, this could be done, only if:
- the presentation is shown only to these entities and anybody else;
- the presentation is not available to the public;
- the presentation doesn’t contain more than 7 BrandStruck analyses;
- BrandStruck is quoted as a source.
You must never:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- edit or otherwise modify any material on the website;
- make or store copies of the BrandStruck content or parts thereof on any computer, PDA or network where they can be accessed by Employees who are not Registered Users.
You may not license or transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy.
4. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under our control 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.
5. Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without our express written consent.
6. Restricted access
Access to certain areas of this website is restricted. We reserve the right to restrict access to some areas of this website, or indeed this entire website.
If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
7. User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website.
8. No warranties
This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Limitations of liability
We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if we have been expressly advised of the potential loss.
Content found on BrandStruck does not constitute any form of advice, recommendation, representation, endorsement or arrangement.
10. Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation on the part of BrandStruck; or
- matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
11. Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
12. Other parties
You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ours.
13. Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions].
14. Payments
When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
W reserve the right to review and change the fees payable under these terms and conditions. We will notify you as soon as reasonably practicable of any proposed change to the fees payable under these terms and conditions. If you do not accept the proposed change, you may, within 14 days of receipt of such notice cancel your subscription upon written notice to brandstruck@brandstruck.co.
15. VAT and invoicing
All prices quoted on our website are exclusive of any applicable VAT. BrandStruck is for business users only.
UK-based companies will be charged 20% VAT.
EU- based companies (excl. UK) will account for any VAT that is due under the reverse charge mechanism at the local rate and will not be charged VAT by us.
Companies from outside the EU will not be charged VAT by us. It’s their sole discretion whether they should pay reverse VAT locally or not.
16. Pricing errors
If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
17. Other costs
In addition to the subscription fee you are charged, certain banks and credit card issuers will charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. We are not responsible for any such charges. You are also responsible for paying any internet connection or telecommunications charges that you may incur by accessing BrandStruck.
18. Renewals & cancellations
BrandStruck offers daily, weekly and annual subscriptions. Annual subscriptions are renewed automatically, unless you cancel your membership in your account settings. Daily and weekly subscriptions are not renewed automatically.
You do not have any right to cancel your subscription or any part of it until the end of your current subscription period. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your current subscription period, and you will not receive a refund. If you cancel your whole account before the full subscription period finishes, you will have no right for a refund and will lose access to BrandStruck.
We reserve the right to suspend or terminate your subscription, if you breach these terms and conditions, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing services to you by circumstances beyond our control. In these extraordinary circumstances, no refund will be due.
19. The early bird offer
Customers who bought annual access to BrandStruck before January the 1st 2017, using the early bird offer (50% of the regular price), can use BrandStruck without additional payment until December 31st, 2017.
On January 1st 2018 their subscription will be renewed at the regular price.
20. 24h access
24h (daily) access doesn’t allow users to download pdfs.
21. Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
22. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
23. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
24. Entire agreement
These terms and conditions constitute the entire agreement between you and us in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
25. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England.
26. Registrations and authorisations
BrandStruck is owned by:
May the First Ltd
031 River Mill Two
Station Road
SE13 5FQ, London
UK
Registered office:
CKR House
Dartford, Kent, DA1 1RZ
UK
Company registration number: 9671522
VAT registration number: GB222130668
You can contact us by email to brandstruck@brandstruck.co
27. Credit
This document was created using a Contractology template available at http://www.freenetlaw.com.
28. Changes to Terms and Conditions
These terms and conditions were published on 04 October 2018 and replace with immediate effect the previous terms and conditions.