TERMS AND CONDITIONS

 

1. INTRODUCTION

 

These are the terms and conditions (“Terms”) which govern the use of all websites (“Sites”) and related Services owned, operated or provided by Brook Beech Limited (“Brook Beech”) or by any of our Group Companies. These Terms are binding on you and Brook Beech.

 

By accessing a Site you are agreeing to these terms and conditions. We may amend the Terms at any time by posting the amended terms on this Site. Your continued use of the Services following the posting of amended terms means that you accept and agree to the amended terms. We recommend that you check this Site regularly for any updates.

These Terms apply to your use of our Sites and all Brook Beech content, being the materials on the Sites (“Content”) irrespective of the delivery platform or device you use to access it. By accessing one of our Sites you are agreeing to these Terms. If you do not agree with the Terms you should not use our Sites or any Content and should cancel any subscription. If you have any questions, please contact your account manager. We may, at any time and without liability, modify or remove any of the Content from the Sites in our sole discretion.

 

Any additional terms and conditions that are posted on specific Sites or agreed with you or the corporation through which you are using the relevant Site(s) in relation to any Service (“Specific Terms”) shall be deemed incorporated into these Terms, and to the extent any of these Terms conflict with any such Specific Terms, the Specific Terms shall prevail.

 

2.ACCESS AND USE

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All information received by you from your use of the Services and from your attendance at Brook Beech events will be used by Brook Beech in accordance with our Privacy Policy. Please read the Privacy Policy for details of how we may process your personal data.

 

Brook Beech or its licensors own all of the Content on the Sites and all of the Intellectual Property (“IP”) therein is protected by UK and International copyright, trade mark, patent, trade secret, and other IP or proprietary rights laws.

Brook Beech does not represent or warrant that:

 

your use of the Services will be uninterrupted or error-free, that the content is current or up to date, that we will review the Content for accuracy, that we will preserve or maintain the Content without loss, or that the Services will meet your business goals or other requirements or expectations (or, if achieved, that such results will be sustainable); nor

the use of any of the Content shall not infringe the intellectual property rights of any third party.

As a user of the Sites, you can access the Content to assist you in the course of your work. To the extent that you comment on and engage in discussions regarding our Content (User Generated Content), you represent to us that you have all the necessary legal rights to do so and you grant Brook Beech a non-exclusive right and licence to use, distribute and publicly display User Generated Content in any and all Sites.

 

You agree that you shall not:

copy, publish, republish, redistribute, archive, store, adapt, alter, modify, translate, create derivative works from, summarise, photocopy, scan, syndicate, sell, license, frame, harvest, scrape, grant or purport to grant any rights in or otherwise make available any Content;

remove or alter any copyright or trade mark notices from any Content or copies thereof; or

otherwise infringe our intellectual property rights,

without the prior express written consent of Brook Beech.

 

Brook Beech Limited trademarks belong to Brook Beech and its Group Companies. No licence or consent is granted to you to use these trade marks in any way and you agree not to use these trade marks without our prior written consent.

You are responsible for ensuring that all information, including payment information that you have provided to access and use our Services is accurate and up to date. We are entitled to rely on the information which you provide us.

 

If you access the Sites through the use of login credentials, you may not share those login credentials with any other person. You are responsible for any unauthorised access of the Sites using your login credentials.

 

By subscribing to any of our Services, you are also subject to the separate Terms of that Service, which will be provided to you upon subscription. Please read these carefully as they set forth our refund, cancellation and pricing policies and other important information.

 

No right, title, or interest in or to the Sites or Content is transferred to you, and all rights not expressly granted are reserved by Brook Beech. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

 

3. SCOPE OF SERVICES

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The Sites and Content are provided for general information purposes only and are not intended to amount to any form of advice, recommendation, representation, endorsement or arrangement on which you should rely. We are entitled to change, remove, suspend or discontinue any aspect of the Services at our discretion at any time, including the availability of any Content.

 

They are not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.

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Neither Brook Beech nor its legal representatives, employees, advisors and agents nor any other person assume any liability in connection with any Content.  In particular, they shall not be liable for any damages arising directly or indirectly in 
connection with the use of the information contained on the Sites, including but not limited to damages resulting from investment decisions made on the basis of the information contained herein or damages caused by inaccuracy or incompleteness of the information contained herein.

 

Brook Beech promises to develop and operate the Sites with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware. However, Brook Beech does not make any promises in respect of the Sites or of the quality, completeness or accuracy of the Content published on any of the Sites.

 

Brook Beech also does not make any promises as to the timeliness, security, performance or availability of any of the Sites and does not provide any warranty or representation that any of the Sites are free from infection by viruses or anything else that has contaminating or destructive properties.

 

4. LIMITATION OF LIABILITY

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a. THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BROOK BEECH MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

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b. BROOK BEECH MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

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c. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BROOK BEECH DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, THE CONTENT, OR THE GOODS OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF BROOK BEECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

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5. INDEMNITY

 

You agree to indemnify, defend and hold Brook Beech, its subsidiaries, and affiliates, and their respective officers, agents, members, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website and/or breach of this Agreement.

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6.  COPYRIGHT

 

Copyright. Copyright © 2023 Brook Beech.  All rights reserved.  The Website is protected by international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without Brook Beechs’ express prior written permission.

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7.  NOTICE AND PROCEDURES FOR CLAIMS OF INFRINGEMENT 

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b. A description of the copyrighted work or other intellectual property that you claim has been infringed;

c. A description of where the material that you claim is infringing is located on the Site (providing URL(s) in the body of the communication is the best way to help Brook Beech locate content quickly);

d. Your name, address, telephone number and e-mail address;

e. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

Brook Beechs’ copyright agent can be reached as follows:

Email: info@brookbeech.com 
(Please put "Copyright Infringement" in the subject line)

Brook Beech may, in its sole discretion, disable and/or terminate use of a Site or Sites by users who infringe the intellectual property of others.

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8. GENERAL

 

You may not license or transfer any of your rights under these Terms. We may transfer any of our rights or obligations under these Terms to any Brook Beech Group Company but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.

 

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.

 

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or its subject matter shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms, their subject matter or formation.

These Terms were last updated on 28 July 2023 and, except from any Specific Terms, replace with immediate effect all previous terms and condition, communications, representations and arrangements, either written or oral.

 

DEFINITIONS:

 

“Group Company” means Brook Beech’s subsidiaries or holding companies or subsidiaries of such holding companies, “subsidiary” and “holding company,” having the meanings given in section 1159 of the Companies Act 2006.

“Services” means (a) the supply of online or electronic information, publications and data products (including, without limitation, the delivery of the same over the internet, or via a mobile phone app or other digital devices); (b) the supply of hard-copy publications and other materials; (c) other services relating to a Site; and (d) any an event operated by or on behalf of Brook Beech including a conference, exhibition, convention, congress, summit, seminar, webinar, meeting, workshop, award dinner, public training or private or bespoke training..