WEBSITE TERMS AND CONDITIONS OF USE
1.1 Welcome to our website. Our Website is provided to you by the British Fashion Council, a company limited by guarantee registered in England and Wales (“us”, “we” or “our”). Our registered office is at Somerset House, South Wing, Strand, London, WC2R 1LA and our registered company number is 02050620.
1.2 Please read these general terms and conditions (“General Terms”) carefully - they set out the basis on which you are allowed to use and access our Website. If you have any questions about them or don’t accept them, please contact the British Fashion Council whose details appear at the end of these General Terms.
1.3 In addition to these General Terms, your use of our Website may also be subject to other terms and conditions and policies which are referred to below.
1.4 You should save and/or print out a copy of these General Terms for your future reference.
2 USING OUR WEBSITE
2.1 You, as the user of our Website (“you” and “your”), can use our Website for your own personal non-commercial use.
2.2 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. You are responsible for making all arrangements necessary to access our Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these General Terms.
2.3 You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity.
2.4 You acknowledge that we cannot guarantee that our Website will:
(a) be compatible with all or any hardware or software which you may use;
(b) be available all the time or at any specific time;
(c) be accurate and up to date; or
(d) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
2.5 You also acknowledge that:
(a) we cannot guarantee the speed or security of our Website; and
(b) we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.
We may from time to time vary these General Terms and/or the terms and policies referred to in these General Terms. Please check our terms and policies regularly to ensure you are aware of any variations we may make. If you continue to use our Website, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use our Website.
4 YOUR PRIVACY
6.1 You may need to register with our Website in order to use certain parts or functions of it. Your access to such parts of our Website is permitted on the basis that:
(a) only you use your username and password; and
(b) you provide correct, current and complete information about yourself when registering.
6.2 If you breach any of these General Terms, or any of the other terms and policies referred to in these General Terms, your account and ability to access and use your account may be terminated by us immediately by giving written notice to you using the contact details you gave to us on registration.
6.3 You are entitled to terminate your account with us at any time by notifying us through the appropriate account management screens.
6.4 We may withdraw your access to the Website and/or your account at any time and for any reason and we will not be liable for any resulting loss of damage to the fullest extent permissible in law.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 Our Website and all information, images, photographs and other content displayed on the Website (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to us or are licensed to us from their respective owners or licensors.
7.2 You may only view, print out and use the Website and the Materials for your own personal, non-commercial use. We expressly reserve all Rights in and to the Website and the Materials and your use of the Website and Materials is subject to the following restrictions. You must not:
(a) remove any copyright or other proprietary notices contained in the Materials;
(b) use any Materials from our Website in any manner that may infringe any of our Rights or the Rights of a third party; or
(c) reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Website and/or the Materials in any way, including for any commercial purpose, without our prior written consent.
8 TRADE MARKS
8.1 We reserve all Rights in and to the designerfactfile.com domain name and all related domains and sub-domains, the name “Designer Fact File”, the Designer Fact File logo and our service marks, brand names, trading names and/or trade marks appearing on the Website including, but not limited to, the British Fashion Council, London Fashion Week and London Collections Men. Other trade marks, products and company names mentioned on the Website may be the trade marks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.
8.2 Nothing in these General Terms should be construed as granting any licence or right to use any such trademark or domain name.
9 RELIANCE ON INFORMATION ON OUR WEBSITE
9.1 Our website contains information which is intended to provide you with guidance about the British fashion industry. The information has been compiled by us, along with the Fashion Business Network and other affiliates and was up to date at the time of publication.
9.2 The information published on our Website is for general information purposes only and therefore you should not rely on it and we expressly exclude any liability for any loss or damage arising from your reliance on any information available on our Website to the fullest extent permissible by law.
9.3 We recommend that you take further advice or guidance before taking any action based on the information contained on or generated by our Website. The British Fashion Council can be contacted using the details that appear at the end of these General Terms should you require any further assistance in this respect.
10 OUR LIABILITY TO YOU
10.1 We are only liable to you in connection with your use of our Website for losses which you suffer as a direct result of our breach of these General Terms. We shall have no liability to you whatsoever whether such liability arises in contact; tort (including negligence); breach of statutory duty; or otherwise for any: (a) loss of data; or use of data; (b) loss of profits or anticipated profits; (c) indirect; (d) economic; (e) incidental; (f) special; or (g) exemplary loss or damage; or (h) consequential loss or damage (and for these purposes consequential loss shall include without limitation all loss of business; use; profit; anticipated profit; opportunity; contracts; revenues; anticipated revenues, goodwill or anticipated savings); even if we have been advised of the possibility of such damages or losses arising.
10.2 We are not liable for any Materials posted by third parties and which are available on the Website. In the event that you believe such Materials infringe any Rights, or are illegal, then you should contact us immediately using the details set out below.
10.3 Nothing in these General Terms shall limit or exclude our liability for: personal injury or death caused directly by our negligence; fraudulent misrepresentation; or our deliberate personal repudiatory breaches of these General Terms.
11 YOUR LIABILITY TO US
11.1 You acknowledge that any use by you of the Materials in a manner not expressly permitted by these General Terms may mean that you are infringing our Rights or the Rights of our third party licensors and we and our licensors reserve all rights and remedies against you in respect of any such infringement.
11.2 You hereby agree to compensate us, our clients, associates and affiliates from and against any loss, cost, damage, expense or liability they may suffer as a result of:
(a) your breach of these General Terms; and/or
(b) your use of the Materials.
12 LINKING TO OUR WEBSITE
12.1 You may link to any page of our Website, for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it.
12.2 You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.3 You must not remove, obscure or modify in anyway any advertisements, copyright notice, or other information on our Website. Our Website must not be framed on any other site.
12.4 If you would like to link to our Website for commercial purposes or any purpose not included above, please contact us using the details below.
12.5 We reserve the right to withdraw linking permission at any time and without notice.
13 THIRD PARTY WEBSITES
13.1 Our Website and/or the Materials may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites. Links do not imply that we are, or our Website is, affiliated to or associated with such sites.
13.2 Your browsing and interaction on any other website, including websites which have a link to our Website, is subject to that website’s own rules and policies. Please read those rules and policies before proceeding.
14 ENQUIRIES AND COMPLAINTS
If you have an enquiry or complaint about this Website, you should contact British Fashion Council, Somerset House, South Wing, Strand, London, WC2R 1LA or using the Contact Form and we will try to answer your enquiry or resolve any complaint as soon as possible.
15 GENERAL PROVISIONS AND APPLICABLE LAW
15.1 You may not assign, sub-license or otherwise transfer any of your rights under these General Terms.
15.2 If any provision of these General Terms is invalid or unenforceable in any jurisdiction it will be deleted (for the purposes of that jurisdiction only) provided that such deletion does not affect: the remaining provisions of these General Terms; the validity or enforceability of that provision in any other jurisdiction; and does not defeat the commercial purpose of these General Terms.
15.3 No failure or delay by either party in exercising any right, power or privilege under these General Terms shall operate as a waiver thereof nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise thereof or the exercise of any other right, power or privilege. No breach of any provision of these General Terms shall be waived or discharged except with the express written consent of the party not in breach.
15.4 These General Terms shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the courts of England.