PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR PARTICULAR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY IN SECTION 2.1 BELOW.
Buchanan is part of Hogarth Worldwide Limited, part of the WPP group of companies.
These Terms apply whenever you use our website at www.Buchanan.uk.com, our mobile applications and any of our other online or mobile products, content and services (collectively, the “Service”) owned and operated from time to time by or Buchanan (“Buchanan”, “we”, “us” or “our”).
By using the Service, you indicate your agreement to be bound by these Terms, which also include:
(a) our Privacy and Cookies Policy; and
(b) the additional terms of use and policies for: (i) any other website that we may operate from time to time, such as for the purposes of conducting online market research; or (ii) any particular products, content and/or services being offered on or via any of our online or mobile sites from time to time (“Additional Terms”),
together with all other documents referred to in them.
Together, these constitute the entire agreement between you and us in relation to your use of the Service. If you do not agree to the Terms, please do not use the Service.
Contents:
- USE OF THE SERVICE
1.1 Definitions
1.2 Use of the Service
1.3 Children
1.4 Proprietary rights
1.5 User conduct and acceptable use
1.6 Your personal information - GENERAL
2.1 Limitation of liability
2.2 Other services
2.3 Best practice
2.4 Suspension and termination
2.5 Changes to these Terms
2.6 Other important terms
2.7 Contact us
1 USE OF THE SERVICE
1.1 Definitions
In these Terms (in addition to the definitions given above):
“Content” means any and all content accessible on or via the Service (including text, software, applications, video and/or audio content, graphics, designs, photographs, artwork, trade marks, data, statistics, information, ideas, blogs, communications, ideas, adverts, links, compilations and other material, as well as their selection and arrangement); and
“User” means any end user of the Service.
In these Terms, any reference to “including”, “other”, “for example”, “such as” or any similar words is without limitation.
1.2 Use of the Service
The Service is maintained, controlled and operated by us from or via our facilities in the United Kingdom. We make no representation that the Service or the Content is appropriate or available for use in any other country.
Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or modify any part of the Service with or without notice. At our discretion we may notify you at your email address as supplied to us.
We do not guarantee that the Service will be available at any particular time or for any period of time. From time to time, we may restrict access to all or part of the Service to Users who have registered with us.
When using the Service, you must at all times comply with these Terms. You are responsible for making all arrangements necessary for you to have access to the Service and for all connection and other charges incurred in using the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of these Terms, and that they comply with them.
1.3 Children
The Service is not directed to anyone under the age of 18. We ask parents and guardians of children to pay special attention to the online activities of their children and to supervise their children’s use of the Service. In particular, parents and guardians should make children under their care aware of the rules on User conduct and acceptable use under section 1.5 of these Terms. No information should be submitted or posted to or on the Service by anyone under the age of 18.
Additional terms and conditions may also apply from time to time in relation to certain products, content or services made available via the Service, and those may include more specific age requirements and/or further eligibility criteria.
1.4 Proprietary rights
1.4.1 Content. With the sole exception of User Content (as defined below), all copyright, trade marks (registered or unregistered), database rights and other intellectual property rights in and to the Service and the Content are exclusively owned by Buchanan, its affiliates or its licensors. All rights are reserved.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means (in whole or in part) without our prior written permission. We grant you a limited licence to access and use the Service and to download or print any page of the Service to which you have properly gained lawful access solely for your personal, non-commercial reference, as long as you keep all copyright or other proprietary notices intact.
Except as specifically authorised in these Terms or separately permitted in writing by us, any use of the Service or the Content is strictly prohibited. Unauthorised use may also violate applicable laws (such as copyright laws) and applicable communications statutes and regulations.
Any licence granted to you under these Terms is revocable at any time (and with or without reason). All moral rights of the respective authors and/or performers of any Content are hereby asserted.
1.4.2 User Content. In these Terms “User Content” means any and all Content that you (or any other User(s) on your behalf) submit, post, upload, publish, display, transmit, share, store or otherwise make available on, via or in connection with the Service (collectively, “post“).
You irrevocably grant us the worldwide, perpetual, payment-free and transferable licence (with the right to grant sub-licences) to use, reproduce, publicly display, edit, modify, translate, disclose, communicate, broadcast, distribute and format in any manner we choose all or any part of any User Content via the Service. To the fullest extent permitted by law, you irrevocably waive, and agree not to assert, any so-called “moral rights” or other non-transferable rights that you may have in any User Content.
You are solely responsible and liable for the content, accuracy, completeness and legality of User Content. Accordingly, you warrant and undertake to us that: (a) you have the full legal right to post any User Content and to grant to us the rights in such User Content specified in these Terms; and (b) no User Content does or will violate or infringe any third-party rights (including copyright, trade marks and/or privacy rights) or contain defamatory or otherwise unlawful material.
Where permitted by you or required by a court or other competent authority or permitted by law, we may disclose your identity to any third party claiming that any User Content constitutes a violation of such third party’s rights.
We are under no obligation to keep secure or to store any User Content for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of any User Content. You are solely responsible for creating any back-up copies of any User Content.
1.5 User conduct and acceptable use
1.5.1 User responsibility. You accept that you are personally responsible for your use of the Service and for all of your communication and activity on the Service (including any User Content).
1.5.2 Interactive Services. You also accept that we may provide interactive services to Users (“Interactive Services”), which may include the ability to comment on blogs. You accept that we may (but need not) review the Service and delete or remove any User Content in at our discretion, including User Content that, in our judgement, might be offensive or illegal, or might violate the rights (or harm or threaten the safety) of Users or others.
1.5.3 Moderation. While we reserve the right to moderate the use of any Service, we are under no obligation to oversee, monitor or moderate any Interactive Service or User Content.
1.5.4 Complaints. WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY CONTENT. You may, however, make complaints by contacting our support service at [email protected] or by written notice to Buchanan Communications Ltd, 107 Cheapside, London EC2V 6DN.
1.5.5 Prohibited use. You must not:
– use the Service in any unlawful manner, nor for any unlawful purpose, nor in any other manner that could damage, disable, overburden or impair the Service or any Content (including by posting any virus or other malicious material);
– post any harmful, offensive, indecent, abusive or otherwise objectionable or unlawful Content;
– impersonate any person or entity, or misrepresent yourself, your age or your affiliation with any person or entity;
– post any unauthorised advertising, promotion, spam or other form of solicitation; and/or
– post or solicit any personal information of any third party.
1.5.6 Content standards. Any and all material that you contribute to the Service must be accurate (where stating facts) or genuinely held (where stating opinions) and must in any event comply with the other requirements of this section 1.5 and with any applicable law. We reserve the right to remove any offending User Content from the Service, to suspend or block your access to the Service and/or to take such other action as we may believe is reasonably required.
1.6 Your personal information
We shall process information about you in accordance with our Privacy Policy and Cookies Policy. By using the Service, you consent to such processing and you warrant the accuracy of all data provided by you. For further details, please refer to our Privacy Policy and Cookies Policy.
2 GENERAL
Depending on your place of residence, consumer protection laws may impose mandatory promises from us to you and may prevent exclusions or limits from applying to certain types of liability. To such extent, nothing in these Terms will take precedence over those laws and you will still have your rights under those laws despite the limitations stated below.
2.1 Limitation of liability
Any information contained in the Service is intended for general information purposes only. We make reasonable efforts to provide information that is accurate at the time of inclusion, but there may be errors or omissions.
Unless and to the extent only that the following exclusions are incapable of exclusion by applicable law, the Service and all its features are used by you at your risk and are provided on an “as is” and “as available” basis without any guarantees, warranties, representations, terms or conditions of any kind (whether express or implied by legislation or operation of law).
To the fullest extent permitted by law:
(a) we disclaim all guarantees, warranties, representations, terms and conditions of any kind (express or implied) in relation to the Service (and/or any products, content or services made available on or via the Service) and, for example, we do not give any assurance that the Service will be available at all or at any times or that the Service or Content will be error-free, uninterrupted or secure;
(b) neither we nor any of our affiliates, licensors, suppliers, successors and assignees or our or their respective officers, employees, agents or contractors (together, the “Buchanan Parties” and each, a “Buchanan Party”) shall be liable to you for any indirect, special or consequential loss that is suffered or incurred by you in connection with your use of, or inability to use, the Service, and that constitutes wasted management or office time and/or loss of income, business, profits, contracts, anticipated savings, data and/or goodwill; and
(c) in particular, no Buchanan Party shall be liable for any damage to your equipment or any computer software or system or loss of data or of other content that may result from the download, installation and/or use of any material or software accessed via or for use of the Service, nor does any Buchanan Party endorse, warrant or guarantee any third-party product, content or service offered via the Service, nor will any Buchanan Party be a party to (or in any way be responsible for monitoring) any transaction between you and third-party providers of products, content or services.
However:
(i) Some jurisdictions may not allow the exclusion or limitation of certain guarantees, warranties, representations, terms or conditions. Where that is the case (and to such extent), the exclusions and limitations of liability in these Terms may not apply to you.
(ii) Nothing in these Terms in any way limits any Buchanan Party’s liability to you for: (A) death or personal injury caused by such Buchanan Party’s negligence; (B) fraud or fraudulent misrepresentation; (C) any deliberate repudiatory breaches of these Terms by such Buchanan Party; (D) any loss or damage (whether financial or otherwise) that is a direct and foreseeable result of any breach of these Terms on such Buchanan Party’s part; (E) any breach by such Buchanan Party of any provisions implied into these Terms by applicable law; and/or (F) any other liability (such as gross negligence or wilful misconduct) to the extent that such liability cannot be excluded or limited under applicable law.
(iii) NOTHING IN THESE TERMS AFFECTS YOUR RIGHTS AS A CONSUMER UNDER LAW. If you would like information on such rights, you should contact your local trading standards service or citizens’ advice bureau.
2.2 Other services
2.2.1 Third-party services. No Buchanan Party is responsible or liable for any products, content or services provided by or for third parties via or in connection with the Service (or any technical or other issues that may arise from such provision). We have no control over third-party products, content or services and make no assurances of any kind about them.
2.2.2 Links. No Buchanan Party is responsible for any links to third-party sites (or pages or content of or made available via any such third-party site) that may be provided on the Service by us or by any user of the Service. Such links do not constitute endorsements by any Buchanan Party. We have no control over the content of linked sites and make no assurances of any kind about third-party sites.
You may link to the home page of the Service only, as long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. The Service must not be framed on any other website, nor may you create a link to any part of the Service other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms.
2.3 Best practice
As part of a global company operating in many markets and territories, we are committed to respecting national laws, any other relevant laws with an international reach and industry codes of conduct. We are a member of the Market Research Society and are committed to observing its guidelines for best practice in conducting market research. For further information please see our Code of Business Conduct, which contains certain non-contractual statements on our and our affiliates’ behalf.
2.4 Suspension and termination
We may, at our discretion, suspend or terminate the provision of any part of the Service or restrict your access to it without any prior notice to you where, for example: (a) we reasonably consider that you are acting in breach of any of these Terms; (b) there is a regulatory or statutory change limiting our ability to provide such part of the Service; and/or (c) any event beyond our reasonable control prevents us from continuing to provide such part of the Service (such as technical difficulties or communications failures).
2.5 Changes to these Terms
We reserve the right to make changes to any part of the Service and/or to these Terms from time to time. We will notify you of any changes to these Terms by posting the modified Terms on the Service (including the date on which these Terms were last modified). If you use the Service after we have posted such changes, you will, by continuing to use the Service, be agreeing to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, you should not continue to use the Service.
2.6 Other important terms
Assignability. You may not assign, sub-license or otherwise dispose of any of your rights under these Terms.
Entire agreement. These Terms (including all provisions incorporated by reference in these Terms) contain the entire agreement, and supersede any previous agreement (whether oral or written), between you and us in relation to the subject-matter of these Terms. Nothing in these Terms shall limit or exclude any liability for fraud.
Prevalence. Except as otherwise specified in these Terms, in the event of any inconsistency between these Terms and any other terms and conditions referred to in these Terms, the provisions of these Terms shall prevail. For this purpose, however, an omission shall not be understood as giving rise to an inconsistency. For example, where these Terms are silent on (or do not specifically address) matters that are specifically addressed in any Additional Terms (as defined in the introduction to these Terms), the Additional Terms shall not be deemed to be inconsistent with the rest of these Terms.
Third-party rights. These Terms do not confer any rights or remedies on any person other than the parties to these Terms, except that any Buchanan Party may enforce any right or remedy expressly conferred on such Buchanan Party under these Terms.
Non-waiver. Failure to insist on strict performance of, or to exercise any right or remedy under, these Terms shall not constitute a waiver of that right or remedy and shall not relieve the defaulting party from compliance with such party’s obligations.
Severability. If any provision(s) of these Terms is found to be invalid, unlawful or unenforceable by any court or other authority of competent jurisdiction, the remaining provisions will continue to be valid, lawful and enforceable to the fullest extent permitted by law.
Language, governing law and jurisdiction. Some laws may require that these Terms be presented and enforceable in a language other than English, and/or may require that consumers have the right to bring or defend proceedings in their home state, in accordance with the mandatory rules of that state. In all other cases:
(a) the English-language version of these Terms shall prevail; and
(b) these Terms and any related dispute or claim (contractual or non-contractual) shall be governed by, and interpreted in accordance with, English law and subject to the non-exclusive jurisdiction of the English courts, and we reserve the right to bring any action in any other court of competent jurisdiction.
2.7 Contact us
If you have any queries on these Terms or our products, content or services, please contact our support service:
– by email at [email protected]; or
– by post at Buchanan Communications Ltd, 107 Cheapside, London EC2V 6DN.
Last modified: 24 July 2018.