Terms and Conditions
BRC Terms and Conditions
Important Legal Notice
ATTENTION: This legal notice applies to the entire contents of the website under the domain names www.brcglobalstandards.com, (the “Website”), and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. The Website is provided by BRC Trading Limited (Company Number 04281617) whose registered address is 21 Dartmouth Street, London, SW1H 9BP (the “Company”) a subsidiary of the British Retail Consortium.
Introduction
You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register. By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
1. Prohibited Uses
1.1 You may use the Website only for lawful purposes. You may not use the Website:
• in any way that breaches any applicable local, national or international law or regulation.
• in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• for the purpose of harming or attempting to harm minors in any way.
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with clause 4 of these terms and conditions.
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
1.2 You also agree:
• Not to reproduce, duplicate copy or re-sell any part of the Website in contravention of these terms and conditions.
• Not to access without authority, interfere with, damage or disrupt:
o any part of the Website;
o any equipment or network on which the Website is stored;
o any software used in the provision of the Website; or
o any equipment or network or software owned or used by any third party.
2. Licence
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
• no documents or related graphics on the Website are modified in any way;
• no graphics, illustrations or photographs on the Website are used separately from the corresponding text;
• the Company's copyright and trade mark notices and its status (and that of any identified contributors) as authors of the material on the Website must always be acknowledged; and
• you must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from the Company or its licensors.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service access
3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website is permitted on a temporary basis and may be suspended or varied without notice.
3.3 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and that they comply with them.
4. Visitor material and conduct
4.1 Other than personally identifiable information, which is covered under our Privacy Policy [insert link], any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designated third parties shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from the Website any material:
• that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
• for which you have not obtained all necessary licences and/or approvals;
• which constitutes, encourages, promotes or assists conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
• which impersonates any person or misrepresents your identity or affiliation with any person; or
• which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 Any material posted or transmitted by you to or from the Website must:
• be accurate (where it states facts);
• be genuinely held (where it states opinions); and
• comply with applicable law in the UK and in any country from it is posted.
4.4 The Company has the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with these terms and conditions.
5. Viruses, hacking and other offences
5.1 You may not misuse the Website to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial of service attack.
5.2 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of these terms and conditions.
5.3 The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading any material posted on it, or on any website linked to it.
6. Links to and from other websites
6.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and the Company accepts no responsibility for such websites or for any loss or damage that may arise from your use of them.
6.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
• you act in a way that is fair and legal and does not damage the or take advantage of the reputation of the Company;
• you do not remove, distort or otherwise alter the size or appearance of the BRC Global Standards logo;
• you do not create a frame or any other browser or border environment around the Website;
• you do not in any way imply that the Company is endorsing any products or services other than its own;
• you do not misrepresent your relationship with the Company nor present any other false information about the Company;
• you do not otherwise use any BRC Global Standards trade marks displayed on the Website without express written permission from the Company;
• you do not link from a website that is not owned by you; and
• your website does not contain content that if posted onto the Website would breach any of these terms and conditions.
6.3 The Company expressly reserves the right to revoke the right granted in clause 6.2 for breach of these terms and to take any action it deems appropriate.
6.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 6.2.
7. Registration
7.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network and you are entirely responsible for any and all activities that occur under your log in.
7.2 Responsibility for the security of any passwords issued rests with you. The Company will not be liable for any loss that you may incur as a result of someone else using your password or log in, either with or without your knowledge. However, you could be liable for losses incurred by the Company for losses incurred by the Company or a third party due to someone else using your log in or password.
7.3 You may not use anyone else’s account at any time without the permission of the account holder.
7.4 The Company reserves the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
8. Disclaimer
8.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
8.2 The material on the Website is provided "as is", without any conditions, warranties, undertakings, obligations or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
8.3 Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. The Company therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website or by anyone who may be informed of its contents.
9. Liability
9.1 The Company, any other third party connected to it (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
9.2 Nothing in these terms and conditions shall exclude or limit liability for:
• death or personal injury caused by negligence;
• fraud; or
• any liability which cannot be excluded or limited under applicable law.
9.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.4 If any of these terms and conditions (or part thereof) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If such terms or conditions would be valid, enforceable or legal if some part of it were deleted, the provision will apply with such modification.
10. Information about you
10.1 The Company processes information about you in accordance with its Privacy Policy [insert link]. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
11. Governing Law and Jurisdiction
11.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
12. Third Party Rights
12.1 A person who is not a party to these terms and conditions may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
