Your access to, browsing of, registering to use and use of this website at http://www.brandsessence.co.uk, including without limitation all services, information, text, graphics, links or other items or materials provided or contained herein (the “Site") whether as a visitor or registered user, is subject to the following terms and conditions (the “Terms & Conditions").
Please read these Terms and Conditions carefully before you start to use our Site. By accessing and using the Site and any web page hereof, you unconditionally agree to be bound by these Terms & Conditions in their entirety and to follow these Terms & Conditions and all applicable laws and regulations governing the Site. We recommend that you print a copy of these Terms and Conditions for future reference. If you do not accept these Terms and Conditions, please immediately discontinue your access to and use of this Site and the web pages hereof.
This website is operated by Cerebos Pacific Limited a private limited liability company incorporated in Singapore (company registration number: 198104186H). Our registered office is at 18 Cross Street, #12-01/08, China Square Central Singapore 048423 and references to ""Cerebos", "us", "we" or similar shall be construed accordingly.
OTHER APPLICABLE TERMS
These Terms & Conditions refer to the following additional terms which also apply to your use of our Site:
CHANGES TO THESE TERMS & CONDITIONS
Cerebos may modify or revise these Terms & Conditions by amending this page. You should check this page from time to time and take notice of any changes we may make as they will bind you.
CHANGES TO OUR SITE
We may update the Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
GENERAL STATEMENT ABOUT CONTENT
We do not guarantee that our Site, or any content on it, will be free from errors or omissions. Moreover, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
All information, materials and other content on our Site is provided for general information regarding Cerebos and its products under the BRAND's trade mark. It is not intended to amount to advice on which you should rely nor does Cerebos make any representation that any of the products referred to on the Site are appropriate and/or available for use or purchase in any jurisdiction or location. THE MATERIAL AVAILABLE ON THIS WEBSITE MAY BE RESTRICTED BY LAW IN CERTAIN JURISDICTIONS. IT IS YOUR RESPONSIBILITY TO FIND OUT WHAT THOSE RESTRICTIONS ARE AND OBSERVE THEM.
Where content published on the Site is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) or the use of such content.
HEALTH-RELATED AND OTHER INFORMATION
The information contained in the Site including health-related information is provided for general informational purposes only and is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site (including, but not limited to, information that may be provided on the Site by medical, health care or nutrition professionals employed by or contracting with Cerebos) for diagnosing, treating or preventing any health condition, problem or disease, or prescribing any medication or nutritional supplements or dietary regime. You should read carefully all product packaging prior to use. Cerebos hereby disclaims (to the maximum extent permitted by applicable law) all liability for any loss or damage suffered as a result of reliance on such information by you or any third parties.
ACCESSING OUR SITE
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms & Conditions and other applicable terms and conditions, and that they comply with them.
You acknowledge and agree that the Site and all works and other subject matter contained in this Site, including but not limited to text, software, music, sound, photographs, illustrations, graphics, videos, or other material contained in or presented to you on this Site, as well as their selection and arrangement (“Materials”), are protected by copyrights, trade marks, service marks, patents and other intellectual property or other proprietary rights and laws ("IP Rights"). We are the owners or licensee of all IP Rights in all Materials. All such rights are reserved by their respective owners.
Cerebos only authorises you to view and to either print off one copy or download Materials at this Site in the course of your accessing the same, solely for your own private and domestic use. No use for any commercial purpose is permitted. You must not modify the paper or digital copies of any Materials you have printed off or downloaded in any way.
Moreover, but without limitation, you may not modify the Materials on this Site or in any way or reproduce or publicly display, publish, perform, distribute, “deep-link”, transmit, create adaptations or derivative works thereof, incorporate the same in any database, compilation, archive or cache, or distribute the same to others, whether or not for payment or other consideration. Except to the extent you are permitted by mandatory provision of applicable law, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, nor to insert any code or product or manipulate the content of the Site in any way that affects the user's experience, and not engage in any data mining, data gathering or extraction. Any use of these Materials on any other website (including without limitation, displaying this Site or any material displayed on or that can be downloaded from this Site in frames on another website without Cerebos' express written permission) is prohibited to the maximum extent permitted by applicable law.
Without prejudice to the generality of the foregoing, all names, logos and marks on the Site are the property of or duly licensed to Cerebos in locations where Cerebos sells its products bearing the BRAND'S® trademark. Modification, download, reproduction or use of these trade marks or any Materials, other than as expressly permitted in these Terms & Conditions or in accordance with the contents of the Site, is strictly prohibited and may constitute and infringement of intellectual property rights. Nothing contained in this Site should be construed as granting any licence or right of use of any trademarks displayed on the Site without separate prior written permission of the relevant owner.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content and other standards set out in our Acceptable Use Policy described further below.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any comments, suggestions, ideas, graphics, or other information and content (collectively "Content") you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you hereby grant to Cerebos an irrevocable worldwide royalty-free perpetual licence (with the right to grant third party sub-licences) to store, use, copy, transmit, distribute, publish, edit, adapt and otherwise exploit your Content throughout the world by any and all means we Cerebos shall deem fit. You further irrevocably waive, to the maximum extent permitted by applicable law, in our favour all so-called 'moral rights' (including the right to be identified as the author of any Content or to object to any derogatory treatment of any Content which is protected by copyright) to which you may be entitled in order to permit us to exercise the licence you grant to us to the fullest extent. Cerebos will not have any obligation to use or evaluate any information received from you, and Cerebos will not have to pay you or anyone else for using any Content that you may upload to or post on the Site.
We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our Site do not represent our views or values.
ACCEPTABLE USE POLICY
You may use our Site only for lawful purposes. You may not use our Site: 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 our content standards; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or 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.
We may from time to time provide interactive services on our Site, including, without limitation: chat rooms and bulletin boards ("interactive services"). Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our standards as set out in these Terms & Conditions, whether the service is moderated or not.
The use of any of any interactive services offered by us by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
The following content standards apply to any and all Content which you contribute to our Site and to any interactive services associated with it ("contributions"). You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must: be accurate (where they state facts) and complete; be genuinely held (where they state opinions); comply with applicable law in the United Kingdom and in any country from which they are posted; not: (a) contain any material which is defamatory of any person; (b) contain any material which is obscene, offensive, hateful or inflammatory; (c) promote sexually explicit material; (d) promote violence; (e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (f) infringe any copyright, database right or trade mark of any other person; (g) be likely to deceive any person; (h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (i) promote any illegal activity; (j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; (k) be likely to harass, upset, embarrass, alarm or annoy any other person; (l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person; (m) give the impression that they emanate from us, if this is not the case; (n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms & Conditions upon which you are permitted to use our Site, and may result in our taking all or any of the following actions: immediate, temporary or permanent withdrawal of your right to use our Site; immediate, temporary or permanent removal of any posting or material uploaded by you to our Site; issue of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you; and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Some of the provisions contained in this acceptable use policy may also be added to or superseded by provisions or notices published elsewhere on our Site in relation to particular interactive services provided by us.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CEREBOS ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CEREBOS AND ITS AFFILIATES AND SUBSIDIARIES AND THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, "AFFILIATES") AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT (COLLECTIVELY, "AGENTS") RESPECTIVELY THEREOF EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. CEREBOS AND ITS AFFILIATES AND AGENTS MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE SITE OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR FREE, NOR DOES CEREBOS OR ITS AFFILIATES OR AGENTS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE SITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF. CEREBOS DOES NOT UNDERTAKE AND IS NOT OBLIGED TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON THE SITE OR ANY WEBSITE LINKED HEREUNDER.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CEREBOS OR THROUGH OR FROM ANY SERVICE OR PRODUCT ON THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. ALL IMPLIED WARRANTIES ARE EXCLUDED.
SOME OF THE MATERIAL OR INFORMATION CONTAINED IN THE SITE COMPRISES CONTENT, FACTS, VIEWS, OPINIONS, STATEMENTS AND/OR RECOMMENDATIONS PROVIDED BY THIRD PARTY INDIVIDUALS AND ORGANISATIONS. THESE DO NOT NECESSARILY REPRESENT THE VIEWS OF CEREBOS AND CEREBOS DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. CEREBOS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR INJURY OF ANY KIND ARISING FROM YOUR RELIANCE ON SUCH CONTENT.
LIMITATION/EXCLUSION OF LIABILITY
NOTHING IN THESE TERMS & CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD, OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
WE WILL NOT BE LIABLE TO ANY USER 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 OR ANY PRODUCTS OR SERVICES AVAILABLE ON OUR SITE; OR USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE.
IF YOU ARE A BUSINESS USER, PLEASE NOTE THAT IN PARTICULAR, WE WILL NOT BE LIABLE FOR: 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.
IF YOU ARE A CONSUMER USER, PLEASE NOTE THAT WE ONLY PROVIDE OUR SITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR SITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
YOU ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS & CONDITIONS REPRESENT A FAIR AND REASONABLE ALLOCATION OF THE RISKS AND BENEFITS OF THE AGREEMENT BETWEEN YOU AND CEREBOS, TAKING ALL RELEVANT FACTORS INTO CONSIDERATION, INCLUDING WITHOUT LIMITATION THE VALUE OF THE CONSIDERATION PROVIDED BY YOU TO US AND THE AVAILABILITY AND COSTS OF INSURANCE WITH RESPECT TO THE SAID RISKS. YOU FURTHER AGREE THAT THESE LIMITATIONS AND EXCLUSIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN CERTAIN CASES, THE APPLICABLE LAW DOES NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY AND THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HOWEVER, CEREBOS’S TOTAL LIABILITY TO YOU, IN RESPECT OF ALL INFORMATION, REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS SITE, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ACCESS AND USE THE SITE.
You will indemnify and hold harmless Cerebos, its directors, officers, affiliates and agents on demand from and against any and all actions, liability, claims, loss, damage, proceedings, expenses (including legal fees, costs and expenses on a full indemnity basis), judgments, settlements, penalties, suffered or incurred in connection with claims due to, resulting from or arising in connection with, whether directly or indirectly, your breach of these Terms & Conditions or any law, regulation or third party rights in connection with your use of this Site, your breach of any rights of another party, and/or any infringement, misappropriation or violation by you of any copyrights, trade mark or other rights of Cerebos or any third party. This indemnity survives termination of these Terms & Conditions.
If any provision of the Terms & Conditions is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, and that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that the remaining Terms & Conditions for the Site will in any event remain valid and enforceable.
In cases where the applicable law does not allow the restriction, limitation or exclusion of liability, Cerebos' total liability to you, in respect of all information, representations and warranties contained in the Site, shall in no event exceed the total amount paid by you to access the Site.
YOUR USER ID AND PASSWORD
You agree to provide true, accurate, current and complete information if and when you elect to provide such information which may be requested on the Site. You also agree to maintain and promptly update any such information to keep it accurate. In particular, but without limitation, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead.
THIRD PARTY LINKS AND OTHER RESOURCES
Where our Site provides links to other websites or resources provided by third parties, these links are provided for your information and convenience only and are not under Cerebos’ control. These links include tabs on our Site which may allow you to access web pages which are operated and under the exclusive control of third party distributors, dealers and resellers of our products. Use of these websites and pages may be subject to separate terms and conditions of use and, where they permit the sale and purchase of goods, terms and conditions of supply. We have no control over the contents of those sites or resources. YOUR USE AND ACCESS OF THESE WEBSITES OR RESOURCES IS AT YOUR OWN RISK. You acknowledge and agree that Cerebos is not responsible for the availability, reliability or accuracy of such sites or resources, and Cerebos does not endorse the same, their use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available therefrom including any contracts for the sale and purchase of goods which may be made or facilitated through these websites and pages. You agree that Cerebos shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your access to and use of any third party websites or use or reliance on any information, content or other resources available thereon nor for the purchase of any goods or services (whether of our products or those of third parties).
GOVERNING LAW AND DISPUTE RESOLUTION
NO THIRD PARTY RIGHTS
No third party shall have any rights pursuant to any law or regulation to enforce any of the terms of our agreement, save for our licensors, suppliers, vendors, affiliates and agents who may each do so severally and in its own right.
To contact us in respect of these Terms & Conditions, please email firstname.lastname@example.org.
Last Updated 1st August 2014