BUILD BRANDS WITH SUBSTANCE LIMITED
SYSTEM USER CONDITIONS

IMPORTANT NOTICE: BY USING OUR SYSTEM OR CLICKING ON THE "CHECKBOX", YOU AGREE TO THESE CONDITIONS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE CONDITIONS, YOU WILL NOT BE ABLE TO USE THE SYSTEM. PLEASE READ THESE CONDITIONS CAREFULLY BEFORE YOU AGREE.

We recommend that you print a copy of these Conditions for future reference.

WHO WE ARE & WHAT THESE CONDITIONS COVER

These System User Conditions (Conditions) form a legal agreement between you (you) and Build Brands With Substance Limited (Company Number 13488462) of 154a Hallgate, Cottingham, United Kingdom, HU16 4BD (us or we) and apply to your use of:

our strategic insight application software and platform (Application) hosted on our servers, the data supplied with the software, and the associated media; and
the website hosting the Application (https://www.buildbrandswithsubstance.com), and any other website(s) accessible using this website, and all sub-domains and any alternative third level domain names (Site); and
brand strategy reporting services accessible via the Application and/or any other services accessible through the Application (Services); and
data, content, documents and materials made available through or relating to the Application, the Services or the Site (Content).

(together referred to in these Conditions as the System).

HOW TO CONTACT US

We are a limited company registered in England. Our main trading address is 154a Hallgate, Cottingham, United Kingdom, HU16 4BD. Our VAT number is 384 7738 44.

To contact us, please email info@buildbrandswithsubstance.com.

ARE YOU PERMITTED TO ACCESS THE STRATEGIC INSIGHT APPLICATION?

We license use of the Application (including the Services and Content) under separate licence agreements to our clients (Licensees), and all use is subject to those terms and conditions in addition to these Conditions.

Only authorised personnel and clients of our Licensees are permitted to use the Application, and access and use the Content and Services. You must be authorised by a Licensee and added to our system to do so, and obtain your login details.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

You must treat all Application access information, including login details, and any other piece of information as part of our security procedures as confidential. You must not disclose it to any other person (other than for internal administration by the relevant Licensee).

We have the right to disable any user account any time, if in our reasonable opinion you have failed to comply with any of these Conditions.

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

HOW YOU MAY USE THE SYSTEM

We are the owner of all intellectual property rights in the System, including all Content. Those works are protected by intellectual property registrations, copyright laws and treaties around the world. All such rights are reserved. We do not sell the System or any part of it, and we remain the owners at all times.

Subject to these Conditions, we grant you limited, non-exclusive and non-transferrable rights to access the System for the purposes of participation in the Services as an authorised user of the relevant Licensee on whose account you are granted access rights. You must not access or use it for any other purpose (whether commercial or private) or permit others to do so.

You may print off and/or download documents and pages only as permitted and directed on the Site or the Application. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of Content must always be acknowledged.

WE MAY MAKE CHANGES TO THESE CONDITIONS & THE STRATEGIC INSIGHT APPLICATION

We amend these Conditions from time to time. When we do, when you next login to access the Application, you will be asked to accept an updated version of these Conditions which will then apply from that time.

We routinely update and change aspects and details of the System from time to time. We will notify you of any major changes which we think will affect your use.

AVAILABILITY & SUPPORT

We aim to make the Strategic Insight Application available 24 hours a day, seven days a week, except for planned and unscheduled maintenance performed outside normal business hours. However, we do not guarantee that the Site, the Application, the Services or any Content will always be available or be uninterrupted. We may in limited circumstances have to suspend, withdraw or restrict availability of all or any part of the System for business and operational reasons from time to time.

DO NOT RELY ON INFORMATION

Most Content on the 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 any Content.

Although we do routinely update information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content is always fully accurate, complete or up to date.

WE ARE NOT RESPONSIBLE LINKED WEBSITES

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

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

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability relating to the Application and associated Services, which will be set out in the relevant subscription licence agreement.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply.
We will not be liable to you 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, the System; or
- use of or reliance on any Content.
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:

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

UPLOADING CONTENT (CONTENT STANDARDS)

Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users, you must comply with our content standards. These content standards apply to any and all material which you contribute (contributions), and to any interactive services associated with it. 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).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

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. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We have the right to remove any posting you make if, in our opinion, your post does not comply with our content standards (see below).

You are solely responsible for securing and backing up your content.

USER CONTENT RIGHTS

You retain all of your ownership rights in any content you upload to the Application, but you grant us a limited licence to use, store and copy that content in the operation of the Application and as part of the associated Services, including rights to distribute and make it available to the relevant Licensee on whose account you are granted access rights. We will not use your content outside the Application platform.

You agree not to submit any content which is protected by copyright, trade mark, patent, trade secret, moral right or any other intellectual property or proprietary right without the owner’s express permission. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy.

PROHIBITED USES

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).
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.

You also agree:

not to reproduce, duplicate, copy or re-sell any part of the System;
not to access without authority, interfere with, damage or disrupt:
- any part of the System;
- any equipment or network on which the System is stored;
- any software used; or
- any equipment or network or software owned or used by any third party.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that the System will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the System. You should use your own virus protection software.

You must not misuse the System by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Application, the server on which it is stored or any server, computer or database connected to it. You must not attack the System 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 the System will cease immediately.

RULES ABOUT LINKING

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

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.

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

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

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with our content standards set out above.

If you wish to link to or make any use of content on the Site other than that set out above, please contact info@buildbrandswithsubstance.com.

CHARGES

You will not be personally liable for the payment of any charges to use the System in accordance with these Conditions as an authorised user (see the section ARE YOU PERMITTED TO ACCESS THE STRATEGIC INSIGHT APPLICATION? above).

PERSONAL DATA & PRIVACY

This section covers the privacy practices that we employ when providing the Services, including to you as a user of the System. The type and use of information which we are provided access in order to provide Services is more limited than the use of information covered by our general Privacy Policy. For the purpose of the Data Protection Act 1998 (the Act), we are the data controller (see ‘WHO WE ARE & WHAT THESE CONDITIONS COVER’ section above).

Information collected. We will collect and process certain information about you that either you supply, or we are provided by or on behalf of your employer or principal (being our Licensee) in order for you to access the System and participate in the Services we provide. This information includes your name and e-mail address and may also include certain other identifiers. You may also provide us with additional information when you access technical support from us, or engage with functions of the System linked to the Services.

How we use this information. We treat this information as confidential and use this only in accordance with this section. It will not be used for marketing purposes. We will only use this information:

to provide Services and to fix issues. Your information will be accessed and used to provide the Services and associated matters, including to notify you about changes to these services. This will include passing your information to your employer or principal (being our Licensee). It may be used for testing and applying new versions, patches, updates and upgrades; monitoring and testing system use and performance; resolving bugs and other issues you have reported and ensuring that content is presented in the most effective manner for you and for your computer. Any copies of your information created for these purposes are only maintained for time periods relevant to those purposes.
as a result of legal requirements. We may be required to retain or provide access to your information to comply with audit, reporting or other legal requirements or to protect the rights, property, or safety of Build Brands With Substance Limited, our clients or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
If we sell our business. We will disclose your personal information to third parties as listed above, and in the event that we sell our business, in which case we will disclose your personal data to the prospective buyer of such business.

Where we store your personal information.

Personal information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us (or for one of our suppliers). This includes staff engaged in, among other things, the fulfilment of the Services and the provision of support services. All information you provide to us is stored on our secure servers.

Security limitations. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of data transmitted over the internet; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

SUSPENSION AND TERMINATION

We will suspend or terminate your access to the System:

in accordance with the terms and conditions of the subscription licence agreement with the Licensee on whose account you are granted access rights;
if in our reasonable opinion your equipment has been the cause of (or likely to be the cause of) failures, errors or defects in our platform.

We will determine, in our discretion, whether there has been a breach of these Conditions. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure by you to comply with these Conditions constitutes a material breach, and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use the System.
immediate, temporary or permanent removal of any posting or material uploaded by you.
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.
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 these Conditions. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

OUR TRADE MARKS

“Substance”, “Building Brands with Substance” and "Strategic Insight” are our trade marks, and you are not permitted to use them without our approval.

BUILD BRANDS WITH SUBSTANCE LIMITED SYSTEM USER CONDITIONS