Terms & conditions
getbrisk.com is a site operated by Collabrotech Limited (“we”, “us” or “Brisk”). We are registered in England and Wales under company number 11388497 and have our registered office at Founders Factory, Northcliffe House, London, W8 5EH.
By using our site (“Site”) you accept these terms.
There are other terms that may apply to you.
- not to use this Site to upload or distribute in any way files that contain viruses, bugs, corrupted files, or any other similar software or programs that may damage the operation of computer hardware or software;
- not to interfere or disrupt this Site or any networks connected to this Site;
- not to use any device, software or routine or attempt to interfere with the proper functioning of this Site or any transactions being offered at this Site;
- not to take any action that imposes an unreasonable or disproportionately large load on Brisk’s infrastructure;
- not to use this Site to collect or harvest personal information, including, without limitation, financial information, about other participants at this Site;
- not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
- not to post any misleading, fraudulent, defamatory, obscene or otherwise illegal information on this Site and you agree not to use the services available at this Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this Site.
All information and material including data, images, text and audio on the Site is the property of Brisk and/or its licensors and is subject to copyright.
All trade marks on the Site are the property of Brisk and/or its licensors.
You are entitled to view, copy and print any documents from the Site but only for your own internal business purposes.
Any sale, transmission or redistribution of the Site or its content, and any copying, modification or other use of the Site or its contents for any purposes other than your own internal business purposes, are strictly prohibited.
All software used on the Site is the property of Brisk or its software suppliers. Brisk hereby grants you a non-exclusive, royalty-free, non-transferable, recoverable license to use software it owns solely for the purposes of this agreement. Other than to the extent permitted by law, you may not decompile, reverse engineer or otherwise translate such software.
Where our 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.
You further acknowledge and agree that Brisk 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 use of or reliance on any information, goods or services available on or through any site.
If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
We have no control over the contents of those sites or resources and such links should be interpreted as approval by us of those linked websites or information you may obtain from them.
Without limiting the foregoing, Brisk does not make any warranty that:
- the services offered on this Site will meet your requirements;
- the services offered on this Site will be uninterrupted, timely, secure or error-free;
- the results that may be obtained from the use of the services will be accurate or reliable;
- the content or information available on this Site is complete, accurate or available; or
- the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations.
No advice or information, whether oral or written, obtained from you from Brisk or through this Site shall create any warranty not expressly made herein.
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.
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.
We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
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, our Site; or
- use of or reliance on any content displayed on our Site.
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.
You shall indemnify, defend and hold harmless Brisk and its shareholders, affiliates, employees, agents, successors, officers and assigns from any suits, losses, claims, demands, liabilities, costs and expenses (including legal and accounting fees) that they may sustain or incur arising from:
- your use of the software available at this Site;
- your failure to comply with any applicable laws and regulations or to obtain any licences or approvals from the appropriate government agencies necessary to purchase or sell the subject services;
- your use of the content available on this Site in any way contrary to this agreement;
- your breach of any of your representations, warranties or obligations set forth in this agreement;
- the sale or purchase, or purported sale or purchase, of services by you, or any loss suffered by or harm to any person or property in any way relating to or caused in whole or in part by the services sold or purchased by you (including to the extent permissible by law, without limitation, any personal injuries or death of any third person caused in whole or in part by such services);
- any taxes attributable to the services or due on the purchase or sale of the services;
- any dispute between you and a Vendor or Buyer arising out of a transaction initiated on the Site; and
- alleged errors or omissions or misrepresentations in the information provided by you to Brisk hereunder or in the listings of services on the Site.
You agree not to settle any action, claim or demand on our behalf without our prior written consent. Brisk shall have the right to conduct any litigation, with counsel of its choice, at your expense.
You acknowledge that Brisk or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this Site. Brisk, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which Brisk in its sole discretion deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied and used for authorised purposes. Use of this Site, authorised or unauthorised, constitutes consent to such monitoring.
PROVISION OF DATA
In order to participate in the services offered at this Site, you must provide certain current, complete, and accurate information about you and maintain and update such information as required to keep such information current, complete and accurate.
You warrant that such data is accurate and current, and that you are authorised to provide such data.
If any data that you provide is untrue, inaccurate, not current or incomplete, Brisk retains the right, in its sole discretion, to suspend or terminate your account and rights to use the services.
Registration data and certain other information about you is subject to our Privacy and Cookies Policy.
Solely to enable Brisk to use information you supply us with, you grant to Brisk a non-exclusive licence to:
- convert such information into digital format such that it can be read, utilised and displayed by Brisk’s computers or any other technology currently in existence or hereafter developed capable of utilising digital information;
- use, reproduce, modify, display, market, publish, distribute, and transmit the information in connection with operating, demonstrating, or marketing the Site or Brisk’s services; and
- combine the information with other content provided by Brisk, in each case by any method or means or in any medium whether now known or hereafter devised.
The foregoing licences shall include the right to grant sub-licences to the users of the Site to print all or any portion of the information for internal business purposes. Brisk retains all ownership rights in and to any modifications, enhancements or other contributions made by or on behalf of Brisk to any information provided by you.
Upon request by you, Brisk shall have up to seven (7) days to remove any of your information or proprietary names from the Site.
Brisk will only use the information in accordance with our Privacy and Cookies Policy and as contemplated by this agreement. Except as otherwise stated herein or under our Privacy and Cookies Policy, any material, information or other communication you transmit or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. Brisk will have no obligations with respect to the Communications. Brisk and its designees will be free to copy, store, process, modify, display, market, disclose, distribute, incorporate, transmit and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
You agree that Brisk may, in its sole discretion, deny you access to the Site and disable any user name and password associated with you for any reason, including, without limitation, if Brisk believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of this agreement.
Brisk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this Site (or any part thereof) with or without notice.
You agree that Brisk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services offered under this Site.
Notwithstanding termination of this agreement, the paragraphs of this agreement titled No Warranties, Limited Liability, Indemnity, Termination and General shall survive its termination and shall continue in full force and effect.
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site 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 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.
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.
Unless otherwise agreed in writing, 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.
If you wish to link to or make any use of content on our Site other than that set out above, please contact firstname.lastname@example.org.
This Site is created and controlled by Brisk in the United Kingdom and the laws of England and Wales govern this agreement and you and Brisk agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Any waiver of any right or provision of this agreement will be effective only if signed by Brisk and the failure of Brisk to exercise or enforce any term or condition shall not constitute a waiver of such right or provision.
If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement shall remain in full force and effect.
Brisk reserves the right to make changes to this Site and this agreement at any time.
Brisk reserves the right to refuse to list or to discontinue the listing of any services as it may choose in its sole discretion and without notice. Without limiting the generality of its right to exclude or discontinue the listing of services, Brisk may, in its sole discretion, exclude services from the Site if they are believed not to meet applicable industry standards or if Brisk receives complaints from users of the Site regarding listed services.
The rights and limitations in this agreement are for the benefit of Brisk and a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
You are not permitted to assign any of your rights under this agreement without the prior written consent of Brisk.
You may not issue press release or make any public statement regarding your use or participation in the Site without the prior written permission of Brisk.
You and Brisk are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Brisk is intended or created by this agreement.
You will receive a user name and password upon completing the registration process. You are responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur under your user name or password.
You agree to:
- immediately notify Brisk of any unauthorised use of your user name or password or any other breach of security; and
- ensure that you exit from your account at the end of each session.