Terms and conditions

Interpretation and Definitions

Interpretation

The words of which the initial letters are capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: United Kingdom
    • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Brill Folks Ltd, a company registered in England and Wales under company number 13869852, whose registered office is at 8 Devonshire House, Aviary Court, Basingstoke, Hampshire RG24 8PE.
  • Device means any device that can access the Service, such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred to as “Terms”) means these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Website refers to the website of the Company, accessible at https://brillfolks.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Services and Digital Products

The Website provides information about our services and digital products. It does not process orders or payments. Any purchase is made through a third-party platform or directly with us, and is subject to the separate terms provided at the point of sale. These Terms do not govern those purchases.

Intellectual Property

Unless otherwise stated, all content on the Website, including text, graphics, logos, designs, images, software and downloadable materials, is owned by Brill Folks Ltd or its licensors and is protected by copyright, trademark and other intellectual property laws. All rights are reserved.

You may view and print content from the Website for Your own personal, non-commercial use. You must not copy, reproduce, modify, distribute, resell or otherwise use any content from the Website for commercial purposes without Our prior written permission.

Any digital product You purchase is licensed to You, not sold, and is subject to the licence terms provided at the point of sale. Nothing in these Terms transfers ownership of any intellectual property rights to You.

“Brill Folks” and any related names and logos are trade marks or trading names of the Company. You must not use them without Our prior written consent.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services. This includes any third-party payment or checkout platform to which the Website may link. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access to the Service if You breach these Terms, or where reasonably necessary to protect the Service or other users. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Subject to the paragraph below, the total liability of the Company and its suppliers arising from Your use of the Website is limited to £100. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded or limited by law. Subject to the paragraph above, We are not liable for any indirect or consequential loss, or for loss of profit, data or business, arising from Your use of, or inability to use, the Website. Liability relating to any purchase of our services or digital products is governed by the terms that apply to that purchase. Nothing in these Terms affects Your statutory rights as a consumer.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the its provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. This section does not affect Your statutory rights under the Consumer Rights Act 2015.

Disputes Resolution

If you have any concern or dispute about the Service, please first email legal@brillfolks.com. We will respond within 14 days and try to resolve the matter informally.

Governing Law

These Terms and any dispute arising from them are governed by the laws of England and Wales. The courts of England and Wales have jurisdiction, but this does not affect any right You have as a consumer to bring proceedings in Your own country or to rely on that country’s mandatory consumer laws.

International Customers

We offer our services and digital products to customers worldwide. If You are a consumer, You benefit from any mandatory consumer protection provisions of the law of the country in which You live, and nothing in these Terms affects those rights. Customs duties, import VAT and local taxes may apply to purchases made elsewhere and are Your responsibility unless stated otherwise in the applicable sale terms.

Sanctions and Export Compliance

You represent that You are not located in, or ordinarily resident in, a country or territory subject to comprehensive sanctions or embargoes imposed by the United Kingdom, the United States, the European Union or the United Nations, and that You are not named on any government list of restricted or prohibited parties. We may suspend or cancel Your access to the Service or any related purchase if We reasonably believe this is untrue, or that providing the Service or fulfilling the purchase would breach applicable sanctions law.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:
  • By email: legal@brillfolks.com
  • By Post: 8 Devonshire House, Aviary Court, Basingstoke, Hampshire RG24 8PE