Last updated: 01 July 2021
1.1 Welcome to The Brand Informer (“the Website”). The Website enables brand owners to publicise their brands and products to retailers, and also enables retailers to search and find particular branded products.
1.2 The Website is owned and operated by The Brand Informer International Limited (“we”/“us”/“our”) a private limited company registered in the Isle of Man under company number: 014226V having our registered office at 3rd Floor, Atlantic House, 4-8 Circular Road, Douglas, Isle of Man, IM1 1AG. Our VAT Number is: GB005423324. You can contact us by email at office@thebrandinformer.com.
1.3 Where we refer to you in these Terms and Conditions, this also includes any person that accesses or uses the Service on your behalf. The “Terms and Conditions” include the terms set out here and our Privacy Policy as made available via the internet and/or our “Apps” from time to time.
1.4 Please read the Terms and Conditions carefully as they govern your use of the Service. Do not use the Service unless you wish to be bound by these terms because, by continuing to use any part of the Service, you confirm your acceptance of the Terms and Conditions.
1.5 The “Service” consists of the Website, currently located at http://www.thebrandinformer.com, our Apps, any pages we operate on third party social media applications, and the content and services we make available through them via the internet, mobile devices including smart phones and tablets, and/or interactive television devices and services. Any paid-for aspect of the Service is a “Subscription Service”.
1.6 The Service is for use in the United Kingdom, the Isle of Man and the Channel Islands only. You must not access the Service from any other jurisdiction. You are responsible for all compliance with laws and regulations which apply to you.
1.7 We reserve the right to revise and amend the Terms and Conditions at any time without notice to you. Your continued use of the Service (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed the Terms and Conditions.
2.1 The vast majority of the material on the Service originates from our users and we have little or no editorial control over the material. We therefore cannot guarantee the accuracy, timeliness, completeness, performance or fitness for any particular purpose of the material available through the Service. We cannot accept responsibility for errors, omissions, or inaccurate material available through the Service, and make no warranty that the Service will be uninterrupted or error free, or that any defects will be corrected.
2.2 Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Service will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-virus software to protect your equipment and data.
2.3 The information found on the Service is provided by users, not by us. We do not endorse or recommend any particular organisation or service. Any goods or material you obtain from the Service is used at your own risk, and we will not be liable for any loss or damage arising out of or in connection with access or use of the Service (except to the extent that such liability cannot be excluded by law).
2.4 It is not possible for us to review all websites which are linked from the Service (or link to the Service), and you should therefore take care when following any link. We cannot accept liability for any loss or damage that may be suffered as a result of following any links.
2.5 Our hope is that all users will use the Service responsibly, and we require all users to ensure that all content that they post on the Website is lawful. We are not responsible for reviewing or policing user content.
2.6 You are responsible for your own communications and for any consequences arising out of them. The Service is intended to allow users to send and receive messages and material that are legal and proper, and you agree that you shall it only for this purpose.
3.1 You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your own information) from the Service without our prior written permission.
3.2 You agree not to create a profile that infringes or misrepresents another individual’s or company's identity, or do anything that violates any laws or regulations.
3.3 Our Privacy Policy is available at https://www.thebrandinformer.com/privacy/.
3.4 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
4.1 You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Website, the Service or any part of it (the “Rights“) including the manner in which the Service is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in the Terms and Conditions shall be taken to transfer any of the Rights to you.
4.2 Solely for the purposes of receiving the Service, we hereby grant to you for the period during which the Service is provided a non-exclusive, non-transferable, licence to use the Rights.
5.1 Notwithstanding any other provision, nothing in the Terms and Conditions shall exclude or limit any party’s liability for death or personal injury caused by that party’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
5.2 If you are dissatisfied with the Service or any of the Terms and Conditions, your sole remedy shall be to discontinue use of the Service.
5.3 Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
5.4 Other than as set out in this section, and notwithstanding any other provision of the Terms and Conditions, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any loss or damage whatsoever arising from or in any way connected with the Terms and Conditions or in respect of any transactions conducted between users.
5.5 Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into the Terms and Conditions by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
5.6 We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
5.7 In the event that any limitation or exclusion of liability in the Terms and Conditions proves ineffective, then we shall not be liable to you for more than £100 in aggregate.
5.8 We cannot guarantee the day or time that we will respond to any email, telephone or written enquiries or Website form submissions.
5.9 Each of the provisions of this section shall be construed separately and independently of the others.
6.1 We reserve the right at all times to edit, refuse to post, or to remove from the Service any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or governmental request.
6.2 We reserve the right to restrict or remove your access to the Service at any time without notice for any reason whatsoever.
6.3 Without prejudice to the generality of the above, we reserve the right to restrict or remove your access to the Service at any time without notice in the event that we suspect you to be in material breach of any provision of the Terms and Conditions.
6.4 We reserve the right to modify or discontinue temporarily or permanently all or part of the Service with or without notice without liability for any modification or discontinuance.
7.1 You are solely responsible for the content, accuracy, and completeness of the information relating to you and your products, services and relevant events (“Brand Information”), and agree only to provide true, accurate, current and complete information. You also accept all liability arising out of or in connection with your processing and transmission of information relating to Retailers.
7.2 You acknowledge that we may edit, modify or remove any parts of the Brand Information provided by you which we consider is in breach of any of the provisions of the Agreement, and/or suspend or terminate your access to the Service without notice.
7.3 By providing Brand Information you grant to us a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, reproduce, modify, publish, edit, translate, distribute, perform, and display the material as part of the Service in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees. The foregoing grants shall include the right to publicise your use of the Service and the availability of products, and to exploit any proprietary rights in such materials, including but not limited to rights under copyright, trade mark, service mark or patent laws under any relevant jurisdiction. You also waive any moral rights you have in the materials. Do not post any materials on the Service that you would not want us to use in this way.
7.4 We check the information that you provide on registration and during your continued use of the Service. You acknowledge and agree that we may at any time request verification and identity and address documents and information from you in order to complete our fraud prevention and identity and address verification checks which we carry out from time to time. We reserve the right to terminate the provision to you of the Service or restrict your access to the Service at any time in the event that you fail to provide all of the requested verification and identity and address documents within the requested timescale or if you do not pass our fraud prevention or identity verification checks.
7.5 You agree not to use the Service in any unlawful manner and in particular shall not:
7.5.1 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
7.5.2 publish, post, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;
7.5.3 Post, supply or sell any material, goods or services that infringe any patent, trade mark, copyright, trade secret or other proprietary right of any person;
7.5.4 Post any corrupted files, files that contain viruses, or any other code that may damage the operation of a computer or other electronic device;
7.5.5 impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the original or source of software or other material contained in a file that is Posted;
7.5.6 cause the Service to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Service is in any way impaired; or
7.5.7 restrict or inhibit any other user from using and enjoying the Service.
7.6 It is your responsibility to ensure that you are entitled to provide the Brand Information and you therefore agree to indemnify us against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by us in connection with any actual or threatened claims of any kind (including without limitation any claim of trade mark or copyright infringement, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from your (or your sub-contractors’) provision of Brand Information or arising from your (or your sub-contractors’) use of the Service.
7.7 When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password. By registering on the Website you undertake:
7.7.1 that all the details you provide to us for the purpose of registering on the Website and using the Service are true, accurate, current and complete in all respects;
7.7.2 to notify us immediately of any changes to the information provided on registration or to your personal information;
7.7.3 that you or any authorised user are over 18 years of age;
7.7.4 to make every effort to keep your password safe, not to disclose your password to anyone, to change your password immediately upon discovering that it has been compromised and neither to transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them.
7.8 You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
7.9 Following termination or deactivation of your account, we may retain your user content for a commercially reasonable period of time for backup, archival, or audit purposes.
7.10 You agree to fully indemnify, defend and hold us, and our officers, directors and employees harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of the Terms and Conditions by you, or any other liabilities arising out of your use of the Service or any other person accessing the Website using your personal information with your authority.
7.11 We give no guarantee or assurance as to the use of the Service by Retailers or other Brand Owners.
7.12 We accept credit cards and debit cards for payment for use of a Subscription Service. We do not accept cash or cheques. We will do all that we reasonably can to ensure that all of the information you give us when paying for services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these Terms and Conditions or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
7.13 Any Subscription Service begins as soon as your initial payment for the service is processed. Your subscription will automatically renew each month or year depending on the term you have chosen without notice until you cancel. You authorize us to store your payment method(s) and to charge automatically your payment method(s) every month or year until you cancel. We will automatically charge you the then-current rate for your subscription, plus applicable taxes (such as but not limited to sales taxes, VAT or GST if the subscription fee does not include it), every month or year upon renewal until you cancel.
7.14 We may change the monthly or annual rate for a Subscription Service on renewal at the end of the relevant month or year, and we will notify you of any rate change with the option to cancel. Subject to applicable law, you accept the new price by continuing to use the Subscription Service after the price change takes effect. If during the term of your subscription the applicable sales tax, VAT, GST rate or any other tax or duty changes, we will adjust the tax-inclusive price for the Subscription Service accordingly on your next billing date.
7.15 You may cancel your Subscription Service at any time; however, there are no refunds for cancellation, and you understand and agree that you shall receive no refund or exchange for any unused time of a Subscription Service according to the chosen preferences (either a monthly or a yearly subscription).
8.1 You are solely responsible for the content, accuracy, and completeness of the information relating to you and your business (“Retailer Information”), and agree only to provide true, accurate, current and complete information. You also accept all liability arising out of or in connection with your processing and transmission of information relating to Brand Owners.
8.2 You acknowledge that we may edit, modify or remove any parts of the Retailer Information provided by you which we consider is in breach of any of the provisions of the Agreement, and/or suspend or terminate your access to the Service without notice.
8.3 By providing Retailer Information you grant to us a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, reproduce, modify, publish, edit, translate, distribute, perform, and display the material as part of the Service in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees. The foregoing grants shall include the right to publicise your use of the Service and to exploit any proprietary rights in such materials, including but not limited to rights under copyright, trade mark, service mark or patent laws under any relevant jurisdiction. You also waive any moral rights you have in the materials. Do not post any materials on the Service that you would not want us to use in this way.
8.4 We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service, and you should in all cases make your own enquiries. We will not be a party to any contract made between you and any Brand Owner and therefore we shall not be liable for any loss or damage that results from any dealings between you and any Brand Owner including but not limited to any direct, indirect or consequential or inconsequential loss of any kind.
8.5 You agree not to use the Service in any unlawful manner and in particular shall not:
8.5.1 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
8.5.2 publish, post, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;
8.5.3 post, supply or sell any material, goods or services that infringe any patent, trade mark, copyright, trade secret or other proprietary right of any person;
8.5.4 post any corrupted files, files that contain viruses, or any other code that may damage the operation of a computer or other electronic device;
8.5.5 impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the original or source of software or other material contained in a file that is Posted;
8.5.6 cause the Service to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Service is in any way impaired; or
8.5.7 restrict or inhibit any other user from using and enjoying the Service.
8.6 It is your responsibility to ensure that you are entitled to provide the Retailer Information and you therefore agree to indemnify us against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by us in connection with any actual or threatened claims of any kind (including without limitation any claim of trade mark or copyright infringement, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from your (or your sub-contractors’) provision of Retailer Information or arising from your (or your sub-contractors’) use of the Service.
8.7 You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
8.8 You agree to fully indemnify, defend and hold us, and our officers, directors and employees harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of the Terms and Conditions by you, or any other liabilities arising out of your use of the Service or any other person accessing the Website using your personal information with your authority.
8.9 We give no guarantee or assurance as to the use of the Service by Brand Owners or other Retailers.
8.10 We accept credit cards and debit cards for payment for use of a Subscription Service. We do not accept cash or cheques. We will do all that we reasonably can to ensure that all of the information you give us when paying for services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these Terms and Conditions or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
8.11 Any Subscription Service begins as soon as your initial payment for the service is processed. Your subscription will automatically renew each month or year depending on the term you have chosen without notice until you cancel. You authorize us to store your payment method(s) and to charge automatically your payment method(s) every month or year until you cancel. We will automatically charge you the then-current rate for your subscription, plus applicable taxes (such as but not limited to sales taxes, VAT or GST if the subscription fee does not include it), every month or year upon renewal until you cancel.
8.12 We may change the monthly or annual rate for a Subscription Service on renewal at the end of the relevant month or year, and we will notify you of any rate change with the option to cancel. Subject to applicable law, you accept the new price by continuing to use the Subscription Service after the price change takes effect. If during the term of your subscription the applicable sales tax, VAT, GST rate or any other tax or duty changes, we will adjust the tax-inclusive price for the Subscription Service accordingly on your next billing date.
8.13 You may cancel your Subscription Service at any time; however, there are no refunds for cancellation, and you understand and agree that you shall receive no refund or exchange for any unused time of a Subscription Service according to the chosen preferences (either a monthly or a yearly subscription).
9.1 Clause headings are inserted for convenience only and shall not affect the interpretation of the Terms and Conditions.
9.2 If any provision of the Terms and Conditions shall be held to be illegal or unenforceable such provisions shall be severed and the remainder of the Terms and Conditions shall remain in full force and effect unless the business purpose of the Terms and Conditions is substantially frustrated, in which case they shall terminate without giving rise to further liability.
9.3 You may not assign, transfer or sub-contract any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
9.4 If we fail, at any time to insist upon strict performance of any of your obligations under the Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the same, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations. No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
9.5 The Terms and Conditions constitute the entire agreement as to its subject matter and supersede and extinguish all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
9.6 You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
9.7 All notices given by you to us must be given to us at The Coach House, Redlands, Highworth, Wiltshire, SN6 7SW or by using office@thebrandinformer.com.
9.8 Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
9.9 Nothing in the Terms and Conditions shall confer any rights upon any third party. The agreement created by the Terms and Conditions is between you and us.
9.10 The Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of England and Wales.
If you have any further questions or would like to discuss how The Brand Informer can help you, please get in touch using the form below.