TERMS AND CONDITIONS
PART A – GENERAL WEBSITE USE
1.Terms of Website Use
This page provides information about who we are and the legal terms and conditions that may apply to your use of www.briconomics.com, registered office is Sunnycroft, Tanyard Lane, Chelwood Common, RH17 7JH, company registration number is 3526456 and VAT Number 709031363.
The terms ‘you’ and ‘your’ refers to you, as user or viewer of the Website. The terms ‘we’, ‘our’ and ‘us’ refers to Briconomics Fundraising Ltd. The term “Website” refers to www.briconomics.com only.
These terms and conditions of use (“Terms”) apply to your use of the Website and by continuing to use this Website you are confirming that you accept the Terms set out below and the additional usage terms set out in the relevant parts of the Website.
We may, occasionally, change these Terms. We will post the updated Terms on this Website, and they will take effect immediately. Your ongoing use of the Website after these terms have changed will be treated as your acceptance of the update Terms, so you should check these Terms regularly.
2. Our liability
2.1 The Website is provided on an “as is” basis so whilst we endeavour to ensure the accuracy of the information placed on the Website we do not warrant or guarantee the accuracy or correctness of such information or of any other content, description or material placed on or referred to on the Website. We do not warrant that the Website, its content or the server that makes it available are error or virus free or free of other harmful components or that your use of the Website will be uninterrupted.
Subject to clause 2.3 below, we shall not be liable to you for:
2.2. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of business data suffered by you.
2.2.2. any loss or damage which is not reasonably foreseeable.
2.2.3. any loss or damage which may be incurred by you as a result of:
22.214.171.124. any changes that we make to the Website, or for any permanent or temporary cessation in the provision of the Website or any part of it.
126.96.36.199. the deletion of, corruption of, or failure to store any Submissions (and other data) maintained or transmitted by or through your use of the Website.
188.8.131.52. the availability of or result through reliance on, any third-party websites accessed through hyperlinks on the Website (including goods and services supplied or made available through such third-party websites).
184.108.40.206. your failure to provide us with accurate registration information; or
220.127.116.11. your failure to keep your password or Website Account (as defined in clause 7) details secure and confidential, or your inclusion of any personal information within a Submission (as defined in clause 15.1).
2.2.4. The limitations on our liability to you in paragraph 3.2.3 shall apply whether or not we have been advised of the possibility of such losses arising in advance.
2.3. We do not limit or exclude our liability for death or personal injury resulting from our negligence, fraudulent misrepresentation or any other losses which may not be lawfully excluded or limited by law.
2.4. Nothing in these terms shall affect your statutory rights. If you have any doubts as to your statutory rights, then you should contact your Local Citizens Advice Bureau or refer to the Office of Fair Trading website (www.oft.gov.uk/default.htm).
3. Your liability
You agree to refund or otherwise take responsibility for any and all liabilities, costs and expenses, including reasonable legal fees, which we or any of our group companies or personnel may incur as a result of to any breach of these Terms by you, or in connection with the use of the Website or any Submission or other transmission of any message or information on the Website by you from your Website Account.
4. Linking from the Website
4.1. The Website may provide hyperlinks to other websites which are not owned by us, the content of which is not in our control. Accordingly, we cannot accept any responsibility for the content, materials (including goods or services) or practices featured on such websites. Links to such websites are not to be taken as our endorsement of them or any content within them or as a warranty that such websites will be free of viruses or other such items of a destructive nature.
5. Use of our Content
5.1. All content which features on the Website which is provided by us or on our behalf including but not limited to the text, photographs, images, graphics, illustrations, sounds, videos, designs, written and other material (together, “Content”) is protected by copyright, trademark rights and/or other intellectual property rights owned by or licensed to us.
5.2. You must apply to us in writing firstname.lastname@example.org for the appropriate consent and conditions to use any of content.
5.3. We reserve any other uses of, and rights in, the content so you must ask our prior permission for these as set out above. We will not always be able to give our consent.
5.4. For certain content, or where our suppliers have required us to do so, separate, and/or additional usage terms may apply.
5.5. You must not, nor try to, make mass, automated, or systematic extractions of the content of this website, or use it to create or include it within another paper or electronic database, or try to re-sell or re-distribute it. We reserve the right to prohibit or restrict the way in which other sites link to or frame or re-present any of the content.
6. Registration for a Website Account
6.1. It is not necessary to register to browse the content of the Website.
6.2. Maintaining the security and integrity of the Website is necessary to enable all our users to use it safely and effectively. You agree:
6.2.1. not to abuse the access or purchase process; and
6.2.2. to take responsibility for any improper or illegal use of your Website Account (including illegal or improper use by a third party who has used your password to access your Website Account) and repay to us with any costs and/or losses that we suffer as a result.
7. Terms held to be invalid or unenforceable
7.1. If any provision of these Terms is held to be invalid or unenforceable by a court of law with jurisdiction to decide on this matter, then such provision shall be removed from these Terms without affecting the rest of these Terms, and the remaining provisions shall continue to be valid and enforceable.
8. Waiver of our rights
8.1. A failure by us in exercising our rights or remedies which arise under these Terms shall not be a waiver of that right or remedy, and no waiver by us shall be effective unless provided in writing and signed by us.
9. Governing Law
9.1. These Terms and your access to and use of the Website are subject to:
9.1.1. (If you are a resident in the UK) the relevant UK law, and the relevant UK Courts will have exclusive jurisdiction; or
9.1.2. (if you are not resident in the UK) then English law will apply and the English Courts will have exclusive jurisdiction.
9.2. Notwithstanding clause 11, you agree that we shall still be allowed to apply for injunctive remedies (or other types of temporary relief or legal remedy) in any jurisdiction.
PART B – RELATING TO BRICONOMICS FUNDRAISING LTD
Briconomics Fundraising Ltd (“Briconomics Fundraising Ltd”) provides personalised tiles/ bricks/stones/leaves/plaques/mementos (“the Goods”) for insertion into a location specified by the Customer (“the Site”) and fundraising and marketing advice (“the Services”).
The Customer (‘the contracting party’) will pay Briconomics Fundraising Ltd various fees for the Goods and the Services (“the Agreed Fee”).
Any variations of terms agreed between the parties shall be in writing.
10. Briconomics Fundraising Ltd obligations.
10.1 Briconomics Fundraising Ltd shall supply the Goods promptly and to a reasonable standard.
10.2 Briconomics Fundraising Ltd shall provide the Services in good faith and to a reasonable standard.
10.3 Should for any reason stocks of the agreed product be no longer available, Briconomics Fundraising Ltd will agree in writing with the Customer that acceptable substitutions for the product are made in advance of them being manufactured and supplied.
10.4 Briconomics Fundraising Ltd will arrange for delivery of the Goods in reasonable condition in accordance with the orders placed by the Customer and delivered as agreed between the parties subject to any delays caused by the Customer, any reasonable delays caused by the Manufacturer, any delays caused by any third party outside the control of Briconomics Fundraising Ltd, or due to any event or circumstance beyond its reasonable control.
10.5 Delivery of the Goods shall be arranged by Briconomics Fundraising Ltd based on the Customer’s instructions.
10.6 Any images included in this document are for illustration purposes only. Any Logos/Crest to be engraved on bricks or stone are subject to approval by Briconomics Fundraising Ltd.
11. Limitation on liability
11.1 If any of the Goods fails to meet a reasonable standard or is not in accordance with the order, Briconomics Fundraising Ltd shall replace the Goods within a reasonable time of the complaint being received.
11.2 Briconomics Fundraising Ltd offer a three (3) year warranty on the Goods supplied subject to due care and attention being exercised by the Customer and appropriate maintenance measures having been taken.
11.3 Due to the manufacturing, kilning & quarrying process of raw materials, there may be slight variation in colour, size and finish of goods from batch to batch which is beyond our control.
11.4 Briconomics Fundraising Ltd cannot be held liable for damage caused to the Goods, after delivery, by external factors including, but not limited to, the use of chemicals, cement, power washing or neglect. It is the responsibility of the Customer to ensure that the Goods are protected from such damage, howsoever caused.
11.5 Save in respect of any claim for damages for death or personal injury against Briconomics Fundraising Ltd, any other claim shall be limited to the price of the Goods in the specific order complained about or such sums as are recoverable under any insurance policy carried by Briconomics Fundraising Ltd and in any event such claim shall be limited to no more than the Agreed Fees. Briconomics Fundraising Ltd shall be under no liability to the Customer in respect of any breach of contract for any indirect or consequential loss.
11.6 Under no circumstances shall time be of the essence, unless specifically agreed by Briconomics Fundraising Ltd in writing.
12.1 All information and trade secrets given by or to the Customer are strictly confidential.
12.2 All information and trade secrets given by Briconomics Fundraising Ltd relating to fundraising and marketing advice and price of the Goods is strictly confidential and shall not be disclosed to any third party without the prior written consent of Briconomics Fundraising Ltd except for such information as in the public domain.
13. Intellectual property rights
13.1 Briconomics Fundraising Ltd shall retain the intellectual property rights in the Goods until they have been paid for in full.
13.2 Briconomics Fundraising Ltd reserves all intellectual property rights in the name “Briconomics Fundraising Ltd” and in its designs.
13.3 Briconomics Fundraising Ltd shall reserve all intellectual property rights in any fundraising and marketing material and advice provided by Briconomics Fundraising Ltd for the Customer.
13.4 Briconomics Fundraising Ltd shall be entitled (without prejudice to its other rights) to suspend performance and charge the Customer for all costs and expenses occasioned by such termination and at any time to terminate this contract by notice in writing and may charge interest in accordance with the Late Payment of Commercial Debts (Interest) 1999.
14. Gift Aid
Briconomics Fundraising are not Financial Advisors and bear no responsibility for any Gift Aid claims made. It is the customers responsibility to check that they are eligible to claim Gift Aid on donations and for making any Gift Aid reclaims.
15.1 Briconomics Fundraising Ltd shall reserve the beneficial title in the Goods until it receives payment in full in respect of any of the Goods supplied to the Customer.
15.2 The Customer shall pay Briconomics Fundraising Ltd in pounds sterling and prior to the dispatch of any goods, as detailed in this document without any deduction All prices are quoted are ex-works.
15.3 If any provision in these terms and conditions is held to be invalid for whatever reason, it shall be regarded as separate to the rest of these terms and conditions which shall remain in effect.
15.4 These terms and conditions are governed by English law and subject to the non-exclusive jurisdiction of the English Courts.