No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an email to you indicating that your order has been fulfilled and access to and your use of the Website is enabled.
1.Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Content and/or any communications System on the Website;
“Application” means the services provided by this Website to aid in the creation and management of financial planning for the foundation, analysis and reporting of a new business idea or an existing business.
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Brixx” means Brixx Online Ltd;
“Service” means collectively any online facilities, tools, services or information that products and applications available for subscription on the Website provides either now or in the future;
“Services” means the services available to you through this Website, specifically Business Modelling Tools;
“Payment Information” means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
“Premises” means our place(s) of business or registered office;
“System” means any online communications infrastructure that Brixx makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Brixx and acting in the course of their employment; and
“Website” means the Brixx website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions.
- Intellectual Property
2.1 Subject to the exceptions in Clause 3 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 Brixx Online 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.
2.2 Subject to Clause 5 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 Brixx.
- Third Party Intellectual Property
3.1 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.
3.2 Subject to Clause 5 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.
- 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.
- Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Brixx or that of our affiliates. We assume no responsibility for the content of such websites 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.
- Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the homepage of the site without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Brixx. To find out more please contact us by email at [email protected].
- Use of Communications Facilities
7.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 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;
7.1.3 You must not submit Content that is intended to promote or incite violence;
7.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
7.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.1.6 You must not impersonate other people, particularly employees and representatives of Brixx or our affiliates; and
7.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that Brixx reserves the right to monitor any and all communications made to us or using our System.
7.3 You acknowledge that Brixx may retain copies of any and all communications made to us or using our System.
8.1 In order to procure Services on this Website and access and use Brixx Forums facilities you are required to create an Account which will contain certain personal details which may vary based upon your use of the Website. By continuing to use this Website you represent and warrant that:
8.1.1 all information you submit is accurate and truthful;
8.1.2 you have permission to submit Payment Information where permission may be required; and
8.1.3 you will keep this information accurate and up-to-date.Your creation of an Account is further affirmation of your representation and warranty.
8.2 It is recommended that you do not share your Account details, particularly your username and password. Brixx 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.
8.3 If you have reason to believe that your Account details have been obtained by another without consent, you must contact Brixx 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, Brixx 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 at the sole discretion of Brixx.
8.4 When choosing your username you are required to adhere to the terms set out above in Clause 7. Any failure to do so could result in the suspension and/or deletion of your Account.
8.5 Plan Sharing: Brixx allows plan owners to invite other users to view or edit plans.
Editing a shared plan is only possible if both plan owner and invited user are on a paid subscription. Editors can also invite other users to view or edit the plan. When a plan is shared, the data, including any confidential data, in that plan will be visible/editable by all users. It is your responsibility to ensure that invited users have the authority to view such material.
- Termination and Cancellation
9.1 Either Brixx or you may terminate your Account. If Brixx 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.
9.2 If Brixx terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
9.3 Brixx reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
9.4 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 for any unused full subscription months.
9.5 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 on a pro-rata basis.
Any and all monies are due for payment on completion of the order or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between the Purchaser and Brixx.
- Activation; Renewal; Cancellation; Refund
In order to use the full-featured Software or Service beyond a trial period, the User must purchase a subscription license to the Software via the purchase link provided in the Software. Brixx uses 3rd party e-commerce services to process the initial purchase as well as subsequent subscription renewals. In addition to the Brixx Terms and Conditions, you need to accept those of our e-commerce provider when activating your subscription. Brixx automatically renews your subscription as per the terms presented during checkout. You’ll receive a reminder email 7 days prior to your renewal date. You can cancel your subscription at any time before the end of the current billing period by going to the billing tab inside your Brixx Account, and pressing cancel.
A refund for a mistaken or unwanted annual or monthly subscription will be available if you contact Brixx and ask for a refund within 30 days of your original purchase date.
- Services, Pricing and Availability
12.1 Whilst every effort has been made to ensure that all descriptions of Services available from Brixx correspond to the actual Services, Brixx 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 Brixx Business Services.
12.3 Brixx does not represent or warrant that such Services will be available. Availability indications are provided on the Website.
12.4 All pricing information on the Website is correct at the time of going online. Brixx reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every 3 Months.
12.5 In the event that prices are changed during the period between an order being placed for Services and Brixx processing that order, provision of Services shall commence as per your order and you will be charged the original price.
12.6 Prices on the Website and any associated materials are inclusive of VAT where indicated. Where any price is not indicated as VAT Inclusive VAT will be charged at the rate ruling at the time of purchase. European Businesses who are VAT registered will be asked to provide their VAT registration number at the time of purchase and VAT will not be charged. If a business does not provide a valid European VAT number, VAT will be charged at the appropriate rate at the time of payment.
12.7 If during the term of a user subscription any due subscription payment shall be rejected by Brixx’s Payment Processor or not be received for any reason, then the subscription will be cancelled.
- Provision of Services
13.1 Provision of Subscription Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
13.2 Brixx 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. Brixx will ensure that any necessary corrections to the Services provided are made within 7 working days.
13.5 Brixx 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 Brixx. Such discretion to be exercised only within the confines of the law.
15.1 Brixx makes no warranty or representation that the Website or the application 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.
15.2 No part of this Website or the application 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.
15.3 No part of this Website or the application is intended to constitute a contractual offer capable of acceptance.
15.4 Whilst Brixx uses reasonable endeavours to ensure that the Website and the application are secure and free of errors, viruses and other malware, all Users are responsible for their own security, that of their personal details and their computers.
- Changes to the Service and these Terms and Conditions
Brixx 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 Brixx 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.
- Availability of the Website
17.1 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.
17.2 Brixx 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.
- Limitation of Liability
18.1 To the maximum extent permitted by law, Brixx 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 or any information derived from the use of this website and/or any associated applications. Users should be aware that they use the Website and its Content entirely at their own risk.
18.2 Nothing in these Terms and Conditions excludes or restricts Brixx’s liability for death or personal injury resulting from any negligence or fraud on the part of Brixx.
18.3 Whilst every effort has been made to ensure that these Terms and Conditions comply 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.
- 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. If any clause in this agreement conflicts with the law of England and Wales no other clauses within this agreement shall be affected.
- 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.
- 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 Brixx.
22.1 All notices/communications shall be given to us either by post to our Premises at the Address provided on the Company Notice page of this Website or by email via our Contact Page on the Website. 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.
22.2 Brixx may from time to time send you additional information via email about our products and/or services. If you do not wish to receive such information, please click on Unsubscribe from the appropriate link within the email.
- Law and Jurisdiction
These Terms and Conditions and the relationship between you and Brixx shall be governed by and construed in accordance with the Law of England and Wales and Brixx and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.