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You agree that by clicking “Join”, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Simply Brilliance Limited (“Simply Brilliance”). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join” and do not access or otherwise use any of our Services.
This Contract applies to Simply Brilliance and all Simply Brilliance related sites, apps communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as ads and plugins. Registered users of our Services (if suppliers) who are registered in our “Find” directory are “Members”, users registered but not as suppliers in our “Find” directory are “Users” and unregistered users are “Visitors”. This Contract applies to all three categories.
You are entering into this Contract with Simply Brilliance (also referred to as “we” and “us”).
1.2 Members and Visitors
When you register and join the Simply Brilliance Service, you become a Member or a User. If you have chosen not to register for our Services, you may access certain features as a Visitor.
2.1 Service Eligibility
Here are some promises you make to us in this Contract:
You’re eligible to enter into this Contract and you are at least 16 years of age (“Minimum Age”).
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Simply Brilliance account which must be in your real name; and (3) you are not already restricted by Simply Brilliance from using the Services.
2.2 Your Account
You’ll keep your password a secret.
You will not share an account with anyone else, allow anyone else to use your account or log in details, and will follow our rules and the applicable laws and regulations at all times.
Members and Users are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.
You’ll honour your payment obligations. You understand that there will be taxes that are added to our prices.
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
•Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).
•If choose to pay for your annual membership upfront your payment will be taken at the commencement of the agreed membership term as outlined in the SLA and for the fees and taxes applicable to that period. (Payment terms are 7 days from receipt of invoice)
. If you choose to pay *monthly, you will pay your first month up front and 11 subsequent equal payments on the 1st of every month thereafter. * this only applies to our Brilliance package.
•All of your purchases of Services are subject to Simply Brilliance refund policy. Refunds are handled on a case-by-case basis and we do not guarantee any refund for any reason.
•We may offer discounts, promotions or incentives at any time and these are subject to amendment and withdrawal at any time. Any offer, discount, promotion or incentive will be outlined at the time of subscription and is offered at the discretion of Simply Brilliance.
2.4 Notices and Service Messages
You’re okay with us providing notices to you through our websites, apps, and contact information your provided to us. If the contact information you provide is out of date, you may miss out on important notices. It is your responsibility to ensure your details are regularly kept up to date.
You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). Members, Users and Visitors who have opted into our marketing emails can opt out of receiving marketing emails from us at any time by clicking the "unsubscribe" link at the bottom of our marketing messages or by changing the settings in “Your Account”. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Members cannot opt out of these messages unless you cancel your Simply Brilliance membership
When you share information via the site, other Members, Users and Visitors can see, copy and use that information.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice. Any content we do publish on our Service is provided “as is” and may not be accurate or up to date.
3. Rights and Limits
3.1. Your License to Simply Brilliance
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to use it in the performance of our Services.
You promise to only provide or publish information and content that you have the right to share or have permission from any copyright owner to share. By using the Service, you warrant that you own the content and information that you submit or post to the Services and you are only granting Simply Brilliance and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
1.You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
2.We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content).
3.We will get your consent if we want to give third parties the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your choices.
4.While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
5.Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to Simply Brilliance, you agree that Simply Brilliance can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that: (a) does not violate the law nor anyone’s rights (including intellectual property rights), (b) is not offensive, racist, harmful to others or otherwise illegal. You also agree that your profile information will be truthful. Simply brilliance may be required by law to remove certain information or content in certain countries and we reserve the right to remove any content or to suspend or cancel your account if we believe you are in breach of these terms in any way.
3.2 Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
We may change or discontinue any of our Services at any time. We don’t promise to store or keep showing any information and content that you’ve posted.
3.3 Other Content, Sites and Apps
Your use of others’ content and information posted on our Services, is at your own risk.
Others may offer their own products and services through Simply Brilliance, and we aren’t responsible for those third-party activities, nor are we endorsing those third-party services.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Simply Brilliance generally does not review content provided by our Members, Users or Visitors. You agree that we are not responsible for others’ (including other Members and Users’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse.
You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your Simply Brilliance account, that app or site can access information on Simply Brilliance related to you. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent, it may be required by applicable law, Simply Brilliance is not responsible for these other sites and apps — please use these at your own risk.
3.4 Intellectual Property Rights
We’re providing you notice about our intellectual property rights.
Simply Brilliance reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or in the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Simply Brilliance logos and other Simply Brilliance trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Simply Brilliance and may not be used elsewhere by Users, Members or Visitors without our express permission.
4. Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, SIMPLY BRILLIANCE (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW, SIMPLY BRILLIANCE AND ITS AFFILIATES (AND THOSE THAT SIMPLY BRILLIANCE WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF SIMPLY BRILLIANCE AND ITS AFFILIATES (AND THOSE THAT SIMPLY BRILLIANCE WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) TWO TIMES THE FEE THAT YOU PAID FOR A PREMIUM SERVICE IN THE PROCEEDING 12 MONTH PERIOD, IF ANY.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SIMPLY BRILLIANCE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PEOPLE WHO KNOW OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Contract anytime we want.
Both you and Simply Brilliance may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services and no pro rata refund of subscription fees will be provided. The following shall survive termination:
•Our rights to use and disclose your feedback;
•Members, Users and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
•Sections 4, 6 and 7 of this Contract;
•Any amounts owed by either party prior to termination remain owed after termination.
You can email us at [email protected] to close your account.
6. Dispute Resolution
In the unlikely event we end up in a legal dispute, we agree to resolve it in English courts (using English law).
You agree that the laws of England & Wales, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. We both agree that all of these claims can only be litigated in England & Wales, and we each agree to personal jurisdiction of the courts located in England
7. General Terms
If a court with authority over this Contract finds any part of it not enforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding, and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that Simply Brilliance has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Simply Brilliance may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
8. Simply Brilliance “Dos” and “Don’ts”
You agree that you will:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
b. Provide accurate information to us and keep it updated.
c. Use your real name on your profile.
d. Use the Services in a professional manner.
You agree that you will not:
a. Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory.
b. Post inaccurate, defamatory, obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes.
c. Create a false identity on Simply brilliance.
d. Misrepresent your identity.
e. Create a Member profile for anyone other than yourself (a real person or business)
f. Use or attempt to use another person’s account.
g. Harass, abuse or harm another person.
h. Send or post any unsolicited or unauthorised advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorised by Simply Brilliance.
i. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services.
j. Bypass or circumvent any access controls or Service use limits.
k. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Simply Brilliance
l. Use, disclose or distribute any data obtained in violation of this policy.
m. Disclose information that you do not have the consent to disclose.
n. Violate the intellectual property rights of Simply Brilliance or others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.
o. Post anything that contains software viruses, worms, or any other harmful code.
p. Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services.
q. Create or operate a pyramid scheme, prostitution or escort service, fraud or other similar practice.
r. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source.
s. Imply or state that you are affiliated with or endorsed by Simply Brilliance without our express consent.
t. Rent, lease, loan, trade, sell/re-sell access to the Services or related data, or sell, sponsor, or otherwise monetize any Service without Simply Brilliance’s consent.
u. Remove, cover or obscure any advertisement included on the Services, or otherwise modifying the appearance of the Services in any way.
v. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages.
w. Monitor the Services’ availability, performance or functionality for any competitive purpose.
x. Override any security feature of the Services.
y. Violate any terms concerning a specific Service that are provided when you sign up for or start using such Service.
9. How to Contact Us
Please email us: [email protected]
We may change our terms and conditions from time to time. Any updated versions of our terms and conditions will be posted on our website. Please review it regularly.
These terms and conditions were last updated on 9th December June 2020
© 2019-2020 Simply Brilliance Ltd.