Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Brace Media, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Brace Media and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Brace Media and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of Brace Media, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission

  2. You may, for your own personal, non-commercial use only, do the following:

    1. retrieve, display and view the Content on a computer screen

  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Brace Media.

  4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.

  5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Brace Media for all claims resulting from Content you supply.

Prohibited use

  1. You may not use the Website for any of the following purposes:

    1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;

    2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

    3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

  1. You must ensure that the details provided by you on registration or at any time are correct and complete.

  2. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

  3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

  4. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Links to other websites

  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Brace Media or that of our affiliates.

  2. 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.

  3. 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.

Privacy Policy and Cookies Policy

  1. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: www.brace.media/privacy-policy and www.brace.media/cookie-policy.

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that Brace Media makes available through the Website (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 the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Brace Media is under no obligation to update information on the Website.

  2. Whilst Brace Media uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

  3. Brace Media accepts no liability for any disruption or non-availability of the Website.

  4. Brace Media reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

  2. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.

  3. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

  4. To the maximum extent permitted by law, Brace Media accepts no liability for any of the following:

    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

    2. loss or corruption of any data, database or software;

    3. any special, indirect or consequential loss or damage.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

  3. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

  4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

  7. These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.

Right to Cancel

  1. Under the Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013, you have a cooling off period of 14 “working days” during which you are entitled to cancel your purchase if, for any reason, you decide you no longer want the services from the date the contract is concluded (i.e., the date we send our Order Confirmation email). However, this right expires if you already used or accessed our services. If you have not yet used or accessed our services and wish to cancel your contract with us, please contact us.

  2. Upon accessing your account, you expressly agree that we may begin supply our services to you before the end of the 14-day cancellation period referred to above. You also acknowledge that your legal right to cancel this contract as described will be lost when you start using our services, at that point, we will have begun the supply of the services.

Cancellation and Refund<

  1. We always use reasonable efforts to ensure that our provision of the services is trouble-free. If, however, there is a problem with the services we request that you inform us as soon as is reasonably possible.
  2. We will use reasonable efforts to remedy problems with the services as quickly as is reasonably possible and practical.
  3. We will not charge you for remedying problems where the problems have been caused by us, any of our agents or employees or sub-contractors. If we determine that a problem has been caused by incorrect or incomplete information provided by you, we may charge you for remedial work.
  4. You are free to cancel the services and this agreement before we begin providing them by giving us up to 48 hours written notice prior to the scheduled start and the sums paid will be refunded to you.
  5. If you cancel the services with less than 48 hours written notice prior to the scheduled start, we reserve the right to charge 10-20% of the agreed fee and will refund any payment to us for any services we have not yet provided.
  6. Once we have begun providing the services, you are free to cancel the services and this agreement at any time by giving us 72 hours written notice. If you have made any payment to us for any services we have not yet provided, these sums will be refunded to you. If we have provided services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment.
  7. You may not cancel disc production/USB sticks once already in production.

Events Outside of Our Control (Force Majeure)

  1. We will not be liable for any failure or delay in performing our obligations under this agreement where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our reasonable control.

Severance

  1. In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.

Dispute Resolution

  1. The Parties shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.
  2. If negotiations do not resolve the matter within 15 business days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure. If the ADR procedure does not resolve the matter within 15 business days of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.
  3. The seat of the arbitration under shall be London.
  4. The arbitration shall be governed by the Arbitration Act 1996 and Rules for Arbitration as agreed between the Parties. In the event that the Parties are unable to agree on the arbitrator(s) or the Rules for Arbitration, either Party may, upon giving written notice to the other Party, apply to the President or Deputy President for the time being of the Chartered Institute of Arbitrators for the appointment of an arbitrator or arbitrators and for any decision on rules that may be required.
  5. The Parties hereby agree that the decision and outcome of the final method of dispute resolution under this Clause shall be final and binding on both Parties.

Law and Jurisdiction

  1. This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
  2. Subject to the Dispute Resolution provisions above, any dispute, controversy, proceedings or claim between the Parties relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

Brace Media details

  1. Posiquence Ltd T/A Brace Media of 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM operates the Website www.Brace.media. The registered VAT number is GB327 5423 06.

You can contact Brace Media by email on speakup@brace.meda.