4. Intellectual Property

• 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Brand & Flair Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

• 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Brand & Flair Ltd.

5. Third Party Intellectual Property

• 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
• 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Brand & Flair Ltd. or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to Our Websites

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.brandandflair.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Brand & Flair Ltd To find out more please contact us by email at hello@brandandflair.com.

9. Use of Communications Facilities

• 9.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
• 9.1.1 You must not use obscene or vulgar language;
• 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
• 9.1.3 You must not submit Content that is intended to promote or incite violence;
• 9.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
• 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
• 9.1.6 You must not impersonate other people, particularly employees and representatives of Brand & Flair Ltd or our affiliates; and
• 9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
• 9.2 You acknowledge that Brand & Flair Ltd reserves the right to monitor any and all communications made to us or using our System.
• 9.3 You acknowledge that Brand & Flair Ltd may retain copies of any and all communications made to us or using our System.
• 9.4 You acknowledge that any information you send to us through our System or post on the forums or chat or testimonials may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

10. Accounts

• 10.1 In order to procure Services on this Website and to use the forums or chat facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
• 10.1.1 all information you submit is accurate and truthful;
• 10.1.2 you have permission to submit Payment Information where permission may be required; and
• 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
• 10.2 It is recommended that you do not share your Account details, particularly your username and password. Brand & Flair Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
• 10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Brand & Flair Ltd immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, Brand & Flair Ltd accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information OR Brand & Flair Ltd will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.
• 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation

• 11.1 Either Brand & Flair Ltd or you may terminate your Account. If Brand & Flair Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
• 11.2 If Brand & Flair Ltd terminates your Account, any current or pending orders or payments on your Account will not be cancelled and provision of Services will not commence.
• 11.3 Brand & Flair Ltd reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
• 11.4 You have the right to cancel your order for the Services within a statutory 7 working day cooling-off period. This period begins when you receive written confirmation of your order from Brand & Flair Ltd If the provision of the Services commences within the cooling-off period, your right to cancel under this provision shall end.
• 11.5 If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
• 11.6 If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.

12. Services, Pricing and Availability

• 12.1 Whilst every effort has been made to ensure that all descriptions of Services available from Brand & Flair Ltd correspond to the actual Services, Brand & Flair Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.4 for incorrect Services.
• 12.2 Where appropriate, you may be required to select the required Services.
• 12.3 Brand & Flair Ltd does not represent or warrant that such Services will be available. Availability indications are not provided on the Website however these may not take into account orders that have taken place during your visit to the web site.
• 12.4 All pricing information on the Website is correct at the time of going online. Brand & Flair Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
• 12.5 In the event that prices are changed during the period between an order being placed for Services and Brand & Flair Ltd processing that order and taking payment, [you will be contacted prior to your order being processed with details of the new price] OR [provision of Services shall commence as per your order and you will be charged the original price].
• 12.6 All prices on the Website excludes VAT.

13. Provision of services

• 13.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
• 13.2 Brand & Flair Ltd shall use its best endeavours to provide the Services with reasonable skill and care.
• 13.3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
• 13.4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. Brand & Flair Ltd will ensure that any necessary corrections to the Services provided are made within 7 working days.
• 13.5 Brand & Flair Ltd reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
• 13.5.1 Any use or enjoyment that you may have already derived from the Services;
• 13.5.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Brand & Flair Ltd Such discretion to be exercised only within the confines of the law.

14. Refunds Policy

Due to the digital nature of our products and services, refunds are determined on a case by case basis. It is your responsibility to go through the product information and documentation on our website and address any queries before purchasing.

Refunds are not issued if the product license is already activated, for server failure/issues, lack of features, lack of technical sophistication or if your server does not meet the Software requirements. Refunds are determined on a case by case basis and only issued once Brand & Flair Ltd technical staff determine that the product has a fault causing it to be unable to operate in your environment. Installation charges are not refundable under any circumstances. Refunds are not available after one (1) month from the purchase date.

15. Privacy

• 15.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
• 15.2 The Website places some cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy. By accepting these terms and conditions, you are giving consent to Brand & Flair Ltd to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.
• 15.3 If you wish to opt-out of our placing cookies onto your computer or device, please decline the Cookie Consent from our website or adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
  

16. Disclaimers

• 16.1 Brand & Flair Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
• 16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
• 16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
• 16.4 Whilst Brand & Flair Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

17. Changes to the Service and these Terms and Conditions

• Brand & Flair Ltd reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Brand & Flair Ltd is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

18. Availability of the Website

• 18.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
• 18.2 Brand & Flair Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

19. Limitation of Liability

• 19.1 To the maximum extent permitted by law, Brand & Flair Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
• 19.2 Nothing in these Terms and Conditions excludes or restricts Brand & Flair Ltd liability for death or personal injury resulting from any negligence or fraud on the part of Brand & Flair Ltd.
• 19.3 Nothing in these Terms and Conditions excludes or restricts Brand & Flair Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
• 19.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

20. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

21. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

22. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Brand & Flair Ltd.

23. Communications

• 23.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to Brand & Flair Ltd Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
• 23.2 Brand & Flair Ltd may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on Unsubscribe on any email we send.

24. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Brand & Flair Ltd shall be governed by and construed in accordance with the Law of England and Wales and Creative and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.