Your access to and use of https://brandft.co.uk/ or http://fselearning.co.uk/ (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3 CHANGES TO WEBSITE
Brand Financial Training Ltd reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Brand Financial Training shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5 LINKS TO OUR WEBSITE
5.1 Framing or embedding of the Website on other websites is not permitted without our express written permission.
5.2 You may not link to the Website from any other site the main content of which contains material that:
(a) is sexually explicit;
(b) is obscene, deliberately offensive, hateful or otherwise inflammatory;
(c) promotes violence;
(d) promotes or assists in any form of unlawful activity;
(e) discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
(f) is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
(g) is calculated or is otherwise likely to deceive another person;
(h) is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
(i) misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
(j) implies any form of affiliation with Us where none exists;
(k) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
(l) is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.3 The content restrictions in sub-Clause 5.2 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.2. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
6.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Brand Financial Training Ltd or otherwise used by Brand Financial Training Ltd as permitted by law.
6.2 None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6.3 Our status as the owner and author of the content on the Website (or that of identified licensors, as appropriate) must always be acknowledged.
7 DISCLAIMERS AND LIMITATION OF LIABILITY
7.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware. All our payment processing is hosted by PCIDSS compliant providers and so every effort has been taken to secure the site as far as possible, however, there is always some risk to any site and so we cannot guarantee the site will always be 100% secure.
7.3 the Website is intended for use by businesses, their employees and individuals looking to work within the financial advice industry. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
7.4 We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
7.5 Brand Financial Training Ltd makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.6 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Brand Financial Training Ltd for death or personal injury as a result of the negligence of Brand Financial Training Ltd or that of its employees or agents.
You agree to indemnify and hold Brand Financial Training Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Brand Financial Training Ltd arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
9 ACCEPTABLE USAGE POLICY
9.1 You may only use the Website in a manner that is lawful and that complies with the provisions of this Clause 9. Specifically:
(a) you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
(b) you must not use the Website in any way, or for any purpose, that is unlawful or fraudulent;
(c) you must not use the Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
(d) you must not use the Website in any way, or for any purpose, that is intended to harm any person or persons in any way.
10 DATA PROTECTION
10.1 Any and all personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and our obligations under that Act.
10.2 We may use your personal information to:
(a) Provide and administer your Account;
(b) Reply to any communications you send to us;
(c) We will not pass on your personal information to any third parties.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
12 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and you hereby submit to the exclusive jurisdiction of the English and Welsh courts