Terms and Conditions
PLEASE READ THESE UNITED KINGDOM & AUSTRALIAN TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
WHAT'S IN THESE TERMS?
These terms tell you the rules for using our website www.brandopus.com (Our Site).
WHO WE ARE AND HOW TO CONTACT US
www.brandopus.com (“Our Site”) is a website owned and operated by BrandOpus Limited, a company registered in England, United Kingdom, with an address at 1 Stephen Street, London, W1T 1AL (“we”, “us”, or “our”).
BrandOpus Limited is registered under the company registration number: 08347903
BY USING OUR SITE YOU ACCEPT THESE TERMS
The following Terms are subject to consumer protection laws, including the Australian Consumer Law, which may limit the ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be modified, restricted or excluded (except to a limited extent). Any disclaimer of warranties and liability limitations applies subject to any rights you may have under such laws.
We recommend that you print a copy of these Terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These Terms refer to the following additional terms, which also apply to your use of Our Site:
WE MAY MAKE CHANGES TO THESE TERMS
We amend these Terms from time to time in our sole discretion. Every time you wish to view, access, and/or use Our Site, please check and review these Terms to ensure you understand the Terms that are in effect at that time.
WE MAY MAKE CHANGES TO OUR SITE
We may update and change Our Site from time to time to reflect changes to our services, our customers' needs, and/or our business priorities, among other various reasons in our sole discretion.
WE MAY SUSPEND OR WITHDRAW OUR SITE
Our Site is currently made available free of charge. We may, in our sole discretion, make various portions of Our Site, our online content, and/or various products and/or services accessible only through payment.
We do not guarantee that Our Site, or any services content available on or through it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Site, and/or our services for any reason in our sole discretion, including, but not limited to, various business and/or operational reasons.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner and/or licensee of all intellectual property rights, including, but not limited to copyrights, trademarks, and patents (including any registrations, renewals, and extensions of the same), in and on Our Site, and in the materials, designs, and text published on it. Those works are protected by copyright laws and treaties around the world. We expressly reserve any and all such intellectual property rights and you may not use, copy, exploit, license, display, and/or sell the same except as expressly set forth in these Terms.
You may print off one copy, and may download extracts, of any page(s) from Our Site for your own non-public and personal use and you may draw the attention of others within your organization to content posted on Our Site.
You may not under any circumstances modify the paper or digital copies of any materials you have printed off, or downloaded from, Our Site in any way, and you may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on Our Site must always be acknowledged for such personal, non-public uses.
You may not use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from us or our licensors, which must be expressed in a writing acknowledged and signed by us.
If you print off, copy or download any part of Our Site in breach of these Terms, your right to use Our Site will cease immediately and you must, at our option, return and/or destroy any copies of the materials you have made.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on Our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Site.
Although we make reasonable efforts to update the information on Our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on Our Site is accurate, complete or up to date.
Furthermore, we are not a tax advisor or law firm and we do not make recommendations or offer our users advice related to the organization, conduct, and/or financial or legal prudence of using Our Site and/or our services, engaging any individuals, companies, or organizations through Our Site. Although you may access data, information, content, and materials through Our Site, you should not construe any such information contained in the same as hiring, human resources, financial, tax, legal, employment, or other advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with using the content and services available on Our Site. You agree not to hold us, and/or our suppliers, affiliates, partners, parent company(ies), employees, directors, agents, and/or subsidiaries liable for any possible claim for damages arising from any decision you, your affiliates, employees, parent companies, subsidiaries, agents, and/or third party contractors make based upon the materials and services accessible on and/or through Our Site.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources and you alone bear responsibility and liability for viewing, accessing, and/or relying on the same in any way.
WHEN WE ARE RESPONSIBLE FOR LOSS OR DAMAGE SUFFERED BY YOU
We are only liable for our gross negligence, and/or unlawful acts or omissions.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our terms and conditions of supply.
We specifically disclaim any and all implied and or express conditions, warranties, representations, and/or other terms that are not specifically set forth herein.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, Our Site; and/or
- use of or reliance on any content displayed on Our Site.
In particular, we will not be liable for any of the following resulting from your viewing, accessing, and/or using Our Site and services:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that Our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access Our Site. You should use your own virus protection software.
You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it in any way.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to Our Site in any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page.
We reserve the right to withdraw linking permission without notice at any time and for any reason in our sole discretion.
The website in which you are linking must not contain any content which is unlawful and/or which breaches any third party rights (including, for example, intellectual property rights, right of confidentiality or privacy) anywhere in the world. For example, the content must not contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence, or be technically harmful such as by containing computer viruses or malware.
If you wish to link to or make any use of content on Our Site other than that set out above, please contact email@example.com.
WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
If (a) you are not a U.K. citizen; (b) you do not reside in the U.K.; (c) you are not accessing our Site from the U.K.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from these Terms shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If your country of residence is Australia, the governing law and forum shall be the laws and courts of Victoria, Australia.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS, AFFILIATES, EMPLOYEES, DIRECTORS, AGENTS, SUBSIDIARIES, AND PARENT COMPANY(IES) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE AND OUR SUPPLIERS, AFFILIATES, EMPLOYEES, DIRECTORS, AGENTS, SUBSIDIARIES, AND PARENT COMPANY(IES) WOULD NOT BE ABLE TO HAVE PROVIDED THE MATERIALS, THE SERVICES, AND/OR OUR SITE WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE HIGHER OF A MAXIMUM OF $500.00 OR ANY FEES DUE US BY USING OUR SERVICES, IF AND WHEN APPLICABLE.
OUR TRADEMARKS ARE REGISTERED
BrandOpus and The Egg logo are registered trade marks of BrandOpus LTD and BrandOpus Inc. You are not permitted to use the marks without our approval, unless they are part of material you are using as permitted under How you may use material on Our Site (www.brandopus.com).
Unless otherwise expressly agreed in writing, no fiduciary, quasi-fiduciary or other special relationship exists between you and us. We owe you a duty of ordinary care. Any internal policies or procedures that we may maintain in excess of reasonable commercial standards and general usage are solely for our own benefit and shall not impose a higher standard of care than otherwise would apply in their absence. We are not a creditor, insurer, financial broker or institution, creditor or charitable organization. We merely provide the services through our platforms in a hosting and administrative capacity only.
USE WITH A MOBILE DEVICE
Access to and use of (a) Our Site, (b) the materials and content contained on Our Site, and/or (c) our services may be available through a compatible mobile device, Internet and/or network access and may require software or other equipment. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE PLATFORMS, THE SERVICES, AND/OR THE CONTRIBUTUIONS IN YOUR CONTRIBUTION ACCOUNT, AT ANY TIME, OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SITE AND/OR THE SERVICES.