TERMS OF USE, PRIVACY POLICY AND ACCEPTABLE USE POLICY

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE


TERMS OF WEBSITE USE
These terms of use tell you the terms of use on which you may make use of Brabham Global Limited's ("BGL's") website www.brabham-digital.com (BGL's site), whether as a guest or a registered user. Use of BGL's site includes accessing, browsing, participating in any interactive services or registering to use BGL's site.

Please read these terms of use carefully before you start to use BGL's site, as these will apply to your use of BGL's site. We recommend that you print a copy of this for future reference.

By using BGL's site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use BGL's site.

INFORMATION ABOUT US
www.brabham-digital.com is a site operated by Brabham Global Limited.
Our main trading address and address for correspondence is PO Box 737, Banbury,
Oxon, OX16 6NN, United Kingdom

CHANGES TO THESE TERMS
We may revise these terms of use at any time by amending this page.
Please check this page from time to time to take notice of any changes we make, as they are binding on you.

CHANGES TO BGL'S SITE
We may update BGL's site from time to time, and may change the content at any time. However, please note that any of the content on BGL's site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that BGL's site, or any content on it, will be free from errors or omissions.

ACCESSING BGL'S SITE
Except for access to any member's area for which we may make a charge, access to public areas of BGL's site is made available free of charge. You may be required to accept additional terms and conditions prior to accessing the Members Area of BGL's site.

We do not guarantee that BGL's site, or any content on it, will always be available or be uninterrupted. Access to BGL's site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of BGL's site without notice. We will not be liable to you if for any reason BGL's site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to BGL's site.

You are also responsible for ensuring that all persons who access BGL's site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT AND PASSWORD
Access to the members area of BGL's site requires a username and password. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party or allow any third party to access BGL's site with your username and password.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or any other terms and conditions for access to the Members Area of BGL's site.

If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us at hello@brabham-digital.com

You must promptly comply with any requests by us to change or update your username or password.

INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in BGL's site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from BGL's site for your personal use and you may draw the attention of others within your organisation to content posted on BGL's site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on BGL's site must always be acknowledged.

You must not use any part of the content on BGL's site for commercial purposes without obtaining a licence or permission to do so from us or our licensors.

If you print off, copy or download any part of BGL's site in breach of these terms of use, your right to use BGL's site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

PROHIBITED USES
You may use BGL's site only for lawful purposes. You may not use BGL's site:
  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
  • Not to reproduce, duplicate, copy or re-sell any part of BGL's site in contravention of the provisions of these terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of BGL's site;
    • any equipment or network on which BGL's site is stored;
    • any software used in the provision of BGL's site; or
    • any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time provide interactive services on BGL's site, including, without limitation:
  • Chat rooms
  • Bulletin boards
  • Forums
  • Private or members only discussion groups
(interactive services)
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on BGL's site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on BGL's site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS
These content standards apply to any and all material which you contribute to BGL's site ( contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:
  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination in any manner, including based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right, trade mark or any other intellectual property rights of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of BGL's site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of these terms of use upon which you are permitted to use BGL's site, and may result in our taking all or any of the following actions:
  • Immediate, temporary or permanent withdrawal of your right to use BGL's site whether you have paid for access or not. For the avoidance of doubt, no refunds will be given if you have paid for access to BGL's site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to BGL's site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these terms of use. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

NO RELIANCE ON INFORMATION
The content on BGL's site is provided for general information only. It is not intended to be relied upon.

Although we make reasonable efforts to update the information on BGL's site, we make no representations, warranties or guarantees, whether express or implied, that the content on BGL's site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to BGL's site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, BGL's site; or
  • use of or reliance on any content displayed on BGL's site.
If you are a business user, please note that in particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide BGL's site for domestic and private use. You agree not to use BGL's site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of BGL's site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on BGL's site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

UPLOADING CONTENT TO BGL's SITE
Whenever you make use of the interactive services or any other feature that allows you to upload content to BGL's site, or to make contact with other users of BGL's site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to BGL's site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you hereby to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence to us).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to BGL's site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of BGL's site.

We have the right to remove any posting you make on BGL's site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on BGL's site do not represent our views or values.

You are solely responsible for securing and backing up your content.

RIGHTS YOU LICENSE TO US
When you upload or post content to BGL's site, you grant the following licenses:

You grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the service provided by us and across different media.

You also grant us the right to use the content to promote this site or Project Brabham generally.

VIRUSES
We do not guarantee that BGL's site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access BGL's site. You should use your own virus protection software.

You must not misuse BGL's site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to BGL's site, the server on which BGL's site is stored or any server, computer or database connected to BGL's site. You must not attack BGL's site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use BGL's site will cease immediately.

INFORMATION ABOUT HOW WE USE COOKIES
Our website uses a number of cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. By continuing to use this site, you agree to this. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve BGL's site. The cookies we use are "analytical" cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example by ensuring that users are finding what they are looking for easily.

To see specific cookies click here.

LINKING TO BGL'S SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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 to BGL's site in any website that is not owned by you.

BGL's site must not be framed on any other site, nor may you create a link to any part of BGL's site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on BGL's site other than that set out above, please contact hello@brabham-digital.com.

THIRD PARTY LINKS AND RESOURCES IN BGL'S SITE
Where BGL's site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

APPLICABLE LAW
These terms of use, their subject matter and their formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction over any dispute between us.

TRADE MARKS
"Brabham" and the Brabham logo are trade marks registered in the UK, Europe and Australia. They are owned by David Brabham and licensed to Brabham Branding Limited and sub-licensed to Brabham Global Limited.

CONTACT US
To contact us, please email hello@brabham-digital.com

Thank you for visiting BGL's site.