Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

TERMS OF WEBSITE USE

 

These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.16brands.com (the “Site”), whether as a guest or a registered user. Use of our Site includes accessing, browsing, or registering to use our Site.

 

Please read these terms of use carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print a copy of this for future reference. 

 

If you are using 16Brands on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us.  If you do not want to register an account and become a 16Brands user, do not conclude the agreement, do NOT click “Create Account” (or “Connect with Facebook”) and do not access, view, download or otherwise use any 16Brands webpage, information or services.  By clicking “Create Account” (or “Connect with Facebook”), you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.  By clicking “Create Account” (or “Connect with Facebook”), you also consent to use electronic signatures and acknowledge your click of the “Create Account” (or “Connect with Facebook”) button as one.

 

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. 

 

If you do not agree to these terms of use, you must not use our site.

 

1 Other Applicable Terms

1.1 Our Privacy and Cookies Policy http://www.16brands.com/privacy-cookies-policy forms part of our terms.  They set out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.  We recommend you read these before using our site.

 

2 Service Eligibility

2.1 To be eligible to use the service, you must meet the following criteria and represent and warrant that you: (1) are 13 years of age or older; (2) are not currently restricted from the services, or not otherwise prohibited from having a 16Brands account, (3) are not a competitor of 16Brands or are not using the services for reasons that are in competition with 16Brands, (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of 16Brands, including intellectual property rights such as copyright or trademark rights;(6) agree to provide at your cost all equipment, software and internet access necessary to use the services; and (7) all registration information submitted directly by you or via a third party sign-on source (such as Facebook Connect) is truthful and you agree to maintain the accuracy of such information.

 

3 Information about us

3.1 www.16brands.com is a site operated by 16Brands Limited ("We").  We are a private limited liability company registered in Scotland under company number SC400340 and have our registered office at 3 Ponton Street, Edinburgh EH3 9QQ. 

 

4 Changes to these terms

4.1 We may revise these terms of use at any time by amending this page.

4.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

5 Changes to our site

5.1 We may update our 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.

5.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 

6 Notification and Service Messages

6.1 For purposes of service messages and notices about the services to you, 16Brands may place a banner notice across its pages to alert you to certain changes such as modifications to this agreement.  Alternatively, notice may consist of an email from 16Brands to an email address associated with your account, even if we have other contact information.  Please review your settings to control what kind of messages you receive from 16Brands.

 

7 Accessing our site

7.1 Our Site is available to individual account holders free of charge and for £9.95 per month to Brand Account holders.

7.2 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.

7.3 You are responsible for making all arrangements necessary for you to have access to our Site.

7.4 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7.5 If you login to the Site via Facebook, you will also be bound by Facebook’s terms and conditions and its privacy policy.

7.6 You undertake not to use the Site or the services:

7.6.1 in any way that breaches any applicable local, national or international law or regulation;

7.6.2 in any way that is unlawful, fraudulent, or has any unlawful or fraudulent purpose or effect;

7.6.3 for the purpose of harming or attempting to harm minors in any way;

7.6.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms of use;

7.6.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (e.g. spam);

7.6.6 to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, key loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

7.6.7 in any way that (i) may incite violence, sadism, cruelty or racial hatred; or (ii) may facilitate prostitution or paedophilia; or (iii) is pornographic, obscene, indecent, abusive or menacing;

7.6.8 to infringe or invade the privacy of other users of the Site and the services nor collect nor transfer any personal data obtained about such users without their consent.

 

8 Service Availability

8.1 Whilst we have every intention for the Site and our services to be available worldwide, our Site is designed principally for use by people resident in English speaking countries. Accordingly, some restrictions may be placed on the extent to which we make Services available to users in non-English speaking countries.

8.1.1 we reserve the right to control, direct and establish technical procedures for the use of the Site and services and you agree to follow our reasonable instructions and procedures with respect to the use of the same. We also reserve the right to make operational changes to the Site or services, including any personal or user identifiers allocated to you;

8.1.2 we will use our reasonable endeavours to maintain 24 hour access to the Site but cannot guarantee continuous, uninterrupted use especially where it is necessary to carry out routine maintenance, repairs, reconfigurations or upgrades or in circumstances beyond our control. We will not be liable for a failure to provide continuous access to the Site or continuous access to the services to you;

8.1.3 we reserve the right (but do not assume the obligation), to inspect the content and materials relating to your use of the services, in files, emails, and postings, etc to ascertain compliance with these terms  or any applicable laws, regulations or codes. In the event of any breach or purported breach, we shall be entitled to terminate your use of the Site and shall apply and we will be entitled to permit all relevant authorities to inspect the same.

 

9 Payment

9.1 If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Brand Account”), you agree to 16Brands (or our payment processor) storing your payment card information. You also agree to pay the applicable fees as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. 16Brand’s refund policy is explained here http://www.16brands.com/refund-policy . You also acknowledge that Brand Accounts are subject to these terms and any additional terms related to the provision of a Brand Account, including our Refund Policy.

9.2 when giving any payment or credit card information (where applicable) to ensure that the same is accurate, complete and up-to-date and that you have the authority to give such information;

9.3 By opening a Brand Account you are expressly agreeing that we are authorised to charge you a monthly fee at the then current rate (the “Brand Account Fee”), and any other charges you may incur in connection with our use of your Brand Account to the payment method you provided during registration (or to a different payment method if you change your account information).  Please note that prices and charges are subject to change with notice.  As used in these terms, “billing” shall indicate either a charge or debit, as applicable, against your payment method.  The Brand Account Fee will be billed at the beginning of the paying portion of your Brand Account and each month thereafter unless and until you cancel your Brand Account.   We automatically bill your payment method each month on the calendar day corresponding to the commencement of your Brand Account.  In the event you opened your Brand Account on a day not contained in a given month, we bill your payment method on the last day of such month.  For example, if you started your Brand Account or became a paying member on 31 January, your next payment date is 28 February and your payment method would be billed on that date.

9.4 Your Band Account will continue month-to-month unless and until you cancel your membership or we terminate it.  You must cancel your Brand Account before it renews each month in order to avoid billing of the next month’s Brand Account Fees to your payment method.   We will bill the Brand Account Fee to the payment method you provide to us during registration (or to a different payment method if you change your Brand Account information).

9.5 You may cancel your Brand Account at any time.  We do not provide refunds or credits for any partial-month Brand Account periods.

 

10 Your Account and Password

10.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You agree not to disclose it to any third party, not to trade or sell your account, and not change any third party for access to your account. 

10.2 You are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. 

10.3 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

10.4 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@16brands.com

 

11 Intellectual Property Rights

11.1 We grant to you and you accept a non-exclusive and non-transferable license to use any software provided by us to access and utilise the services, for the sole purpose of enabling you to use the services. You acknowledge that the title and all intellectual property in and to the software and all other intellectual property rights belonging to us to which you may have access during the provision of the services shall remain with us. You recognise that any software used in relation to the services constitutes our valuable trade secrets. You undertake to use your best efforts to protect and keep confidential all software used by you in relation to the services, and shall make no attempt to examine, copy, alter, reverse engineer, disassemble or tamper with such software.

 

12 No Reliance on Information

12.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

12.2 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

 

13 Limitation of our Liability

13.1 Nothing in these terms of use 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 Scots law.

13.2 To the 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.

13.3 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:

13.3.1 use of, or inability to use, our site; or

13.3.2 use of or reliance on any content displayed on our site.

13.3.3 If you are a business user and/or Brand Account holder, please note that in particular, we will not be liable for:

13.3.4 loss of profits, sales, business, or revenue;

13.3.5 business interruption;

13.3.6 loss of anticipated savings;

13.3.7 loss of business opportunity, goodwill or reputation; or

13.3.8 any indirect or consequential loss or damage.

13.4 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.

13.5 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.

13.6 You acknowledge and agree that you are responsible for obtaining and maintaining your own compatible computer systems being all such equipment, software and communication lines, including any public lines required by you properly to access the services. We have no responsibility or liability in respect of your equipment or any failure by you to access the Services.

13.7 We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

14 Uploading content to our site

14.1 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 these terms of use.

14.2 By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your 16Brands profile information accurate and updated.

14.3 Any content you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

14.4 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.

14.5 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.

14.6 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 these terms of use.

14.7 The views expressed by other users on our site do not represent our views or values.

 

15 Your obligations to other users

15.1 Do not abuse the 16Brands service by using it to spam, abuse, harass, or otherwise violate these terms of use. 

 

16 Security

16.1 Personal information you provide will be secured in accordance with industry standards and technology. We cannot ensure or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, copied, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

16.2 You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications at all times. 

 

17 Viruses

17.1 We do not guarantee that our Site will be secure or free from bugs or viruses.

17.2 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

 

18 Linking to our site

18.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

18.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

18.3 You must not establish a link to our Site in any website that is not owned by you.

18.4 Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. 

18.5 We reserve the right to withdraw linking permission without notice. 

18.6 The website in which you are linking must comply in all respects with the content standards set out in these terms of use.

18.7 If you wish to make any use of content on our Site other than that set out above, please contact admin@16brands.com

 

19 Third party links and resources in our site

19.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

19.2 Please note that we may provide links on our Site to the websites of other companies (through advertisements, co-promotions or otherwise), whether affiliated with us or not. We cannot provide any undertaking, that services you may purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against any third party seller. 

19.3 We have no control over the contents of those sites or resources.

 

20 Termination

20.1 In the event that you breach these terms of use or otherwise breach a term of our contract with you, we shall be entitled to:

20.1.1 withdraw (temporarily or permanently) your right to use the Site and/or the services;

20.1.2 remove(temporarily or permanently) any posting or material uploaded by you to the Site;

20.1.3 issue a warning to you;

 

21 Applicable Law

21.1 If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Scots law. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England, you may also bring proceedings in England.

21.2 If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.

 

22 Trade Marks

22.1 “16Brands” is a UK registered trade mark of 16Brands Limited.

 

23 Refund Policy

23.1 Any and all fees and associated charges for paid for products or services are non-refundable following completion of purchase.

23.2 Availability of all paid for products or services will expire at the end of the last paid for subscription monthly period following failure to renew any subscription or cancellation of any direct debit instruction in respect of a subscription.

23.3 16Brands reserves the right to terminate immediately any paid for products or services in the event of expiry or termination of your subscription, for any reason, or failed authorisation or authentication of any payment relating to a subscription.

 

24 Contact us | Company details

24.1 16Brands Limited is a registered company in Scotland  (Registered number: SC400340). Place of registration: Companies House, Edinburgh. Registered office address: 3 Ponton Street, Edinburgh. EH3 9QQ. Contact telephone number: +44 (0) 79 28 936 909. Contact email address: admin@16brands.com