Buildabrand Terms and Conditions

  1. INFORMATION ABOUT US

    We are Buildabrand Ltd and we operate this website (“Site”). We are registered in England and Wales under company number 05451527 and have our registered office (which is also our main trading address) at 47 Dean Street, London, W1D5BE, United Kingdom.

  2. INFORMATION ABOUT YOU

    You warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

  3. OUR GOODS AND SERVICES

    You can purchase a range of different goods and services through the Site. We divide these into two categories:

    1. Brand Licence – Based on the information you submit through the Site, we will design a logo and branding identity (consisting of a font and colour set) for you (“Brand”). We will offer you a licence to use the Brand on the terms set out in paragraph 4 (“Brand Licence”). If you purchase the Brand Licence, you may download an electronic copy of the Brand from the Site and may use it in accordance with the licence terms set out in paragraph 4. We will also send an electronic copy of the Brand to the e-mail address you provided when registering on the Site, this copy shall also be subject to the licence terms set out in paragraph 4.

    2. Branded Products – You may use the Site to design and then purchase various products incorporating the Brand (e.g. business cards, printed stationery and website templates) (“Branded Products”). If you purchase a Branded Product that is comprised of a website template (“Website Template”), you may download an electronic copy of the Website Template from the Site and may use it in accordance with the licence terms set out in paragraph 5. We will also send an electronic copy of the Website Template to the e-mail address you provided when registering on the Site, this copy shall also be subject to the licence terms set out in paragraph 5.

    We and our licensors will retain full ownership of all copyright and other intellectual property rights in the Brand and the Branded Products, except for any of your registered or unregistered trade marks that are incorporated into the Brand or Branded Products.

  4. BRAND LICENCE TERMS

    If you purchase the Brand Licence, we will grant to you a personal, non-exclusive, perpetual, worldwide licence to use, reproduce, display and distribute the Brand in connection with your business (and to authorise third parties to do the same) and apply to register the Brand as a trade mark. Your licence is non-exclusive and some elements of the Brand (e.g. colours, symbols, layouts and fonts) may be incorporated in brands that we design for other customers.

    You may not:

    1. modify or alter any element the Brand, or the design of any Branded Products, except through the Site; and

    2. authorise any other person to use the Brand, or any element of the Brand, other than in connection with your business.

    You are solely responsible for the success of your own business, your use of the Brand or any Branded Products in connection with your business and securing and protecting any trade mark rights in the Brand. We do not make any representations as to whether you will be able to register the Brand as a trade mark or whether your use of the Brand or any Branded Products will infringe any third party registered or unregistered trade marks.

    You may assign your licence to any person that acquires all, or substantially all, of your business.

  5. WEBSITE TEMPLATE LICENCE TERMS

    If you purchase a Website Template, we will grant to you a personal, non-exclusive, perpetual, worldwide licence to use, reproduce, display and distribute the Website Template in connection with your business (and to authorise third parties to do the same). Your licence is non-exclusive and some elements of the Website Template may be incorporated in Website Templates that we design for other customers.

    The Website Template will conform in material respects with the description provided on the Site. However, we do not warrant that the Website Template will be free of all bugs and errors.

    You may not authorise any other person to use the Website Template, or any element of the Website Template, other than in connection with your business. You are solely responsible for the success of your own business and your use of the Website Template in connection with your business.

    You may assign your licence to any person that acquires all, or substantially all, of your business.

  6. HOW CONTRACTS ARE FORMED BETWEEN YOU AND US

    1. These Terms and Conditions apply to your purchase of any goods or services through the Site. Before placing any order on the Site, you will be asked to read these Terms and Conditions carefully. You may also print out a copy of these Terms and Conditions, and we recommend that you do so. After you have read the Terms and Conditions, you will be asked to tick a box to indicate that you accept and agree to be bound by them.

      Brand Licence

    2. In relation to the Brand Licence, you will be asked to click a button to confirm that you wish to purchase the Brand Licence. A contract will be formed when you at the time that you click this button. You may not cancel your purchase of the Brand Licence and you will not be entitled to any refund of fees that you pay for the Brand Licence.

      Branded Products

    3. In relation to the Branded Products, you will be asked to click a button to place your order for the Branded Products. Your order constitutes an offer to us to buy the relevant Branded Products. We will send you an e-mail to confirm that we have received and accepted your order. A contract will be formed between you and us when we send this e-mail confirmation. The Branded Products will be delivered by the delivery date set out in our e-mail confirmation or, if no date is specified, within a reasonable time, unless there are exceptional circumstances.

    4. The Branded Products will be personalised for you, as they will incorporate the Brand and other design elements that you select through the Site. As such, you may not cancel a contract to purchase the Branded Products and you will not be entitled to any refund of fees that you pay for the Branded Products.

  7. PRICE AND PAYMENT

    1. Except in cases of obvious error, the price of any goods and services offered through the Site will be as quoted on the Site at the time you place your order. These prices include VAT but do not include any applicable delivery costs, which will be quoted to you and added to the price at the time of placing your order.

    2. Payment options will be set out and explained on the Site and may change from time to time. We may use a third party to accept and process payments on our behalf.

  8. OUR LIABILITY

    1. The Site is provided on an “as is” basis and we make no representations as the quality, completeness or accuracy of any materials on the Site. You are solely responsible for all of the information that you submit to us through the Site.

    2. You shall indemnify us against any liability that we suffer or incur as the result of any claim by a third party that your use of the Brand or any Branded Products infringes any registered or unregistered trade marks of that third party.

    3. Our total aggregate liability to you under or in relation to these Terms and Conditions in any 12 month period, including (but not limited to) liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence) and breach of statutory duty, will not exceed the total charges actually paid by you to us in that 12 month period for goods and services ordered through the Site.

    4. To the extent permitted by law, we hereby expressly exclude:

      1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

      2. any liability for any direct, indirect or consequential loss or damage incurred by you or any other user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

        1. loss of income or revenue;

        2. loss of business;

        3. loss of profits or contracts;

        4. loss of anticipated savings;

        5. loss of data;

        6. loss of goodwill; and

        7. wasted management or office time.

    5. Notwithstanding this, nothing in these terms of use will affect any liability we may have for:

      1. death or personal injury arising from our negligence or our liability;

      2. fraudulent misrepresentation or misrepresentation; or

      3. any other liability that cannot by law be excluded or limited.

  9. IMPORT DUTY

    If you order products from the Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

  10. NOTICES

    All notices and other communications given under these Terms and Conditions must be in writing. For these purposes, writing includes e-mail and other electronic communications. We will send notices to the address you provide to us, which you may update from time to time by notifying us. You will send notices to the address we give on the “About Us” section of the Site, which we may update from time to time by updating the Site.

  11. TRANSFER OF RIGHTS AND OBLICATIONS

    These Terms and Conditions are binding on you and us (and on our respective successors and assigns) from the time that a contract is formed in accordance with paragraph 6. Subject to your right to assign your licence to use the Brand under paragraph 4, you may not transfer, assign, charge or otherwise dispose of your rights or obligations under these Terms and Conditions, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights or obligations arising under these Terms and Conditions at any time.

  12. EVENTS OUTSIDE OUR CONTROL

    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control (“Force Majeure Event”). During any Force Majeure Event, the affected obligations will be deemed to be suspended and we will have an extension of time for performance for the duration of that period. During this period, we will use our reasonable endeavours to end the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

  13. WAIVER

    If we fail to insist upon strict performance of any of your obligations under these Terms and Conditions or otherwise to exercise any of the rights or remedies to which we are entitled under these Terms and Conditions, this shall not relieve you from compliance with such obligations and shall not constitute a waiver of such rights or remedies. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 10.

  14. SEVERABILITY

    If any of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it will to that extent be severed from the remaining Terms and Conditions, which will continue to be valid to the fullest extent permitted by law.

  15. RIGHTS OF THIRD PARTIES

    A person who is not party to this agreement may not enforce any of its provisions under the Contract (Rights of Third Parties) Act 1999.

  16. ENTIRE AGREEMENT

    1. These Terms and Conditions, together with the Buildabrand Website Terms of Use and any document expressly referred to in them, represent the entire agreement between us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

    2. Subject to paragraph 8.5(b), we each acknowledge that, in entering into these Terms and Conditions, neither of us has relied upon (and will have no rights or remedies in respect of) any representation, undertaking or promise given by the other, except to the extent any such representation, undertaking or promise is expressly stated in these Terms and Conditions.

  17. OUT RIGHT TO VARY THESE TERMS AND CONDITIONS

    We have the right to revise and amend these Terms and Conditions from time to time to reflect changes to the Site, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be bound by the Terms and Conditions as they exist at the time that a contract is formed in accordance with paragraph 6.

  18. PRIVACY

    We may collect and use information about you in accordance with our privacy policy. You can view a copy of this policy by clicking here http://buildabrand.com/privacy.html

  19. GOVERNING LAW

    These terms of and conditions will be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms and Conditions.