Disclaimer
Disclaimer for Brandable DOT UK Ltd Services
Welcome to Brandable
By accessing or using this Website, you agree to comply with and be bound by this Disclaimer. If you do not agree with any part of this Disclaimer, please do not use this Website.
For the purposes of this Disclaimer, you are a ‘consumer client’ if you are buying products from our site as an individual for purposes wholly or mainly outside of your trade, business, craft, or profession. You are a ‘business client’ if you are buying products from our site for purposes relating to your trade, business, craft, or profession. Some sections of this Disclaimer only apply to you if you are a consumer client and other terms only apply to you if you are a business client, so please make sure you read this Disclaimer carefully.
Ownership
The Website and its entire contents, unless stated otherwise, are owned by Brandable Dot UK Ltd (“Brandable” or “we”).
Liability
If you are a business client Brandable is providing this Website on an 'as is' basis and makes no representations or warranties of any kind with respect to this Website or its contents and disclaims all such representations and warranties. In addition, Brandable makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Brandable howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. Neither Brandable nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, none of the exclusions and limitations in the section are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Brandable’s liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
This Disclaimer, together with our General Terms and Conditions, Privacy Policy and any other policies we may share from time to time are applicable to the products and services provided on this Website governs your use of this Website.
By offering information, products or services via the Website, no solicitation is made by us to any person to use such information, products or services in any jurisdiction where the provision of such information, products or services may be prohibited by law.
We will use reasonable endeavours to verify the accuracy of any information that is placed by us on the Website, but we make no warranties, whether express or implied in relation to its accuracy.
We will not be responsible or liable to you for any damage caused by or loss of any content or material uploaded or transmitted through the Website including in particular any third-party content or comments, photos, product reviews, endorsements, opinions, comments or other testimonials or any other specific online user activities.
Whilst every effort is made to ensure that the Website is accurate and up to date, we do not warrant, nor do we accept any liability or responsibility for the completeness or accuracy of the content, or for any loss which may arise from reliance on the information contained in this Website. The content contained in this Website is subject to change from time to time without further notice. We make no warranty that the Website will be uninterrupted, free from viruses or error-free or that any defects can be corrected. Your use of the Website at your own risk.
If you are a consumer client and we breach the terms of this Disclaimer or we are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result.
By ‘foreseeable’ we mean that, at the time you agreed to this Disclaimer, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do). We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage. Nothing in this Disclaimer excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
Indemnity for User Uploaded Material
If you are a business client, you agree fully to indemnify, defend and hold Brandable, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any content or material uploaded or transmitted by you through the Website (including comments, photos, product reviews, endorsements, opinions, testimonials) or any non-compliance with or breach of the terms of this Disclaimer by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your personal data and information.
External websites
We are not liable to you if we fail to comply with this Disclaimer because of circumstances beyond our reasonable control. If you are a business client, we do not accept any responsibility for the content of any external websites which we link to, or which may link to the Website. We do not have any control over external websites, and you are solely responsible for complying with the terms of those sites. Accordingly, you acknowledge and agree that access to any external or linked websites shall be at your sole risk. By accessing such external linked websites, you accept and undertake to us that you have chosen to enter the external website at your sole discretion and risk. You accept and acknowledge that the Brandable does not directly or indirectly recommend or endorse the contents of such websites. Brandable shall not under any circumstances be responsible for the availability of such external sites or resources. By accessing such linked external websites, you will be subject to their data protection and privacy policies or practices and other site content.
Website Changes and Termination
If you are a business client, we reserve the right to change, modify, or withdraw the Website without notice. Your continued use signifies acceptance of any changes. We may terminate your access for breach of this Disclaimer or for any other reason. If you are a consumer client, we may change, modify, or withdraw the Website with reasonable written notice being provided to you. Following our notice, your continued use signifies acceptance of any changes.
Complaints and comments
Whether you are a business or consumer client, you are responsible for conducting investigations and performing necessary due diligence on the domain name, including, but not limited to, title verification. You acknowledge and agree that, due to the extensive number of domain names offered on the Website, Brandable is not obliged to possess knowledge about the background, contents, or prior use of any domain names listed and bears no liability or obligation towards you. Placing any domain names for sale on the Website that infringe the intellectual property rights of third parties is strictly prohibited. Listing domain names for sale on the Website on behalf of third parties is not allowed without the explicit written consent of Brandable. Brandable functions as an intermediary and does not provide any warranties regarding the domain name.
For complaints, comments or the identification of content that infringes any law or infringes the (intellectual property) rights of third parties, please contact us here. We will reply to all complaints and comments timely. If you are a business client, Brandable is not liable for this content. It reserves the right, if it sees reason to do so, either or not in response to a report, to remove certain content from the websites and keep it removed.
If you are a consumer client, and your complaint cannot be resolved in accordance with our Complaint Handling Policy or you are unhappy with the outcome, you may want to submit your complaint to RICS by going to https://www.rics.org/. RICS is the alternative dispute resolution (ADR) provider we use and is approved by the government to provide ADR services. ADR is a process for resolving disputes that does not involve going to court. If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
Compliance and Governing Law
If you are a consumer client, the laws of England and Wales apply to this Disclaimer, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK or in the country in which you live in. If you are a business client, this Disclaimer and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).
Thank you for reading and complying with this Disclaimer.