Terms and conditions BRCGS website

Agreement between you and BRCGS

These Terms and Conditions apply to your use of BRCGS’ websites (including www.brcgs.com and www.brcdirectory.co.uk) (collectively “BRCGS Website”) and to your use of any BRCGS products and/or services available through the BRCGS Website (including BRCGS Directory, BRCGS Bookshop, BRCGS e-Learning, BRCGS Participate).

The BRCGS Website is offered to you on condition that you accept (without modification) these Terms and Conditions. Your use of the BRCGS Website constitutes your agreement to be bound by these Terms and Conditions. If you do not agree, you should not use the BRCGS Website.

In these Terms and Conditions, references to “you” and “your” are to the individual that is visiting the BRCGS Website and/or using any products or services available through the BRCGS Website, including (without limitation) the BRCGS Directory.

Modification of these Terms and Conditions

BRCGS reserves the right to change these Terms and Conditions at any time, including changing the terms, conditions, and notices under which the BRCGS Website and any BRCGS products or services are offered and any charges associated with their use. Any changes to these Terms and Conditions will be posted on the BRCGS Website.

Links to third party sites

The BRCGS Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of BRCGS and BRCGS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BRCGS is not responsible for webcasting or any other form of transmission received from any Linked Site. BRCGS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BRCGS of the Linked Site or any association with its operators.

No unlawful or prohibited use

As a condition of your use of the BRCGS Website, you warrant to BRCGS that you will not use the BRCGS Website (including any product or service available through the BRCGS Website), for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the BRCGS Website in any manner which could damage, disable, overburden, or impair the BRCGS Website or interfere with any other person’s use and enjoyment of the BRCGS Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BRCGS Website.

Use of communication services

The BRCGS Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

 

BRCGS has no obligation to monitor the Communication Services. However, BRCGS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BRCGS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

BRCGS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BRCGS' sole discretion.

Always use caution when giving out any personally identifying information about yourself or any other person in any Communication Service. BRCGS does not control or endorse the content, messages or information found in any Communication Service and, therefore, BRCGS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised BRCGS spokespersons and their views do not necessarily reflect those of BRCGS.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to BRCGS or posted on the BRCGS Website

BRCGS does not claim ownership of the materials you provide to BRCGS (including feedback and suggestions), or post, upload, input or submit to any BRCGS Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BRCGS, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. BRCGS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BRCGS' sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

BRCGS Directory

The BRCGS Directory is made available to you via the BRCGS Website. Your use of the BRCGS Directory is subject to these Terms and Conditions and the following specific provisions:


- You are granted a non-exclusive, non-transferable, revocable and limited licence to access and use the BRCGS Directory (which is available via the BRCGS website or www.brcdirectory.co.uk) and any content accessible via the Directory ("Content") for the purpose of checking whether a site or certification body is certified with BRCGS. BRCGS may terminate this licence and/or withdraw access to the Directory at any time for any reason.

- You are only permitted to use the Content for the purposes set out above. You may not download the Content, access it or otherwise use it in any other way. Your search and retrieval of Content must be carried out manually (i.e. you cannot automate your searches).

- You must not sell, rent, lease, loan, sublicence or create derivative works of the Content.

- All intellectual property rights (including copyright and database right) in the Directory and Content belong to BRCGS and/or our third-party licensors/suppliers. Except as set out above, nothing in this section or these Terms & Conditions shall be interpreted as granting to you or any other person any licence or right to any intellectual property rights in the BRCGS website, Directory or Content.

- You acknowledge and agree that the Content may include personal data which is governed by data protection, privacy and other related laws (such as the General Data Protection Regulation 2016) (“Laws”) and for that reason you must only use such personal data in accordance with the licence terms set out in this section. If you do not comply this requirement you may be in breach of applicable Laws and if that results in BRCGS (or its suppliers) incurring liability, we will hold you responsible for that.


Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BRCGS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRCGS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BRCGS WEBSITE AT ANY TIME. ADVICE OR INFORMATION RECEIVED VIA THE BRCGS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BRCGS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE BRCGS WEBSITE (INCLUDING THE BRCGS DIRECTORY) FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRCGS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRCGS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BRCGS WEBSITE, WITH THE DELAY OR INABILITY

TO USE THE BRCGS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BRCGS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BRCGS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRCGS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BRCGS WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BRCGS WEBSITE.

Service contact

support@brcgs.com

Termination/Access restrictions

BRCGS reserves the right, in its sole discretion, to terminate your access to the BRCGS Website and the related services or any portion thereof at any time, without notice.

General

To the maximum extent permitted by law, these Terms and Conditions are subject to English Law and the parties submit themselves to the exclusive jurisdiction of the English Courts. Use of the BRCGS Website is unauthorised in any jurisdiction that does not give effect to all the provisions of these Terms and Conditions, including without limitation this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BRCGS as a result of these Terms and Conditions or your use of the BRCGS Website.

BRCGS' performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of BRCGS' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BRCGS Website or information provided to or gathered by BRCGS with respect to such use.

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and BRCGS with respect to the BRCGS Website and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BRCGS with respect to the BRCGS Website.

A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and Conditions and all related documents be drawn up in English.

Copyright and Trademark notices

© BRCGS 2020

All rights reserved. No part of this website may be transmitted or reproduced in any form without the written permission of the copyright owner.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and procedure for making claims of copyright infringement

Application for permission should be addressed to the Operations Director of BRCGS, Floor 2, 7 Harp Lane, London EC3R 6DP, United Kingdom.
Warning: Any unauthorised act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution.