Superbrands in the UK – Corporate Site

1. Introduction

This Agreement is a legal document which sets out your rights and obligations, and those of Superbrands (UK) Ltd, a company registered in England under registration no. 5847512 ("Superbrands", "we" or "us"), in relation to this site and the services offered by Superbrands through it (the "Members Exchange Service"). You must take the time to read and understand it, before registering for the Members Exchange Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Members Exchange Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Members Exchange Service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.

2. Types of membership

People who register for the Members Exchange Service become "Members". Their brand must be a current UK member of Superbrands, Business Superbrands, CoolBrands or such other programme(s) as Superbrands may introduce form time to time.

Members may receive emailed messages, which will be sent to the email address shown on the relevant membership form (and which may be updated subsequently), notifying them of requests by another member for their contact details. A request can be either declined or accepted. If accepted both member's will receive each others contact details which can be viewed in the Contacts section of the Members Exchange

We are not an internet service provider. In order to avail of the Members Exchange Service, you must have internet access and all the software (and skills) required for email and web usage.

Your membership will expire after twelve months unless you participate in the subsequent programme.

3. Privacy policy

Superbrands' Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the nature of the Members Exchange site your details will not be given to anybody else without your consent.

4. Superbrand's Role

You, as a Member, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Member's Exchange Service or outside of it. We only provide a venue where the Member's Exchange Service may be accessed. In particular, you should be aware that Superbrands does not pre-screen or monitor the requests sent by Members.

5. Additional services

Superbrands or its affiliates may offer new or additional services through the Members Exchange in the future. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement with you.

6. Operation of Members Exchange Services

Superbrands reserves the right to withdraw or modify one or more aspects of the Members Exchange Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Members Exchange Service becomes inaccessible as a result of technical difficulties experienced by Superbrands or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. For security or other reasons, we may require you to change password or other information which facilitates access to the Members Exchange Service.

7. Misuse of Members Exchange Service

We reserve the right (a) to suspend or terminate any Member's access to the Members Exchange Service, or parts of it, and/or (b) to remove, edit, or require the Member to remove, edit, its registration to the Members Exchange service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. You are responsible for everything which is done on or through the Members Exchange Service while your Membership account is logged on to the Members Exchange Service, or through your email address(es). In addition, we reserve the right to suspend or terminate any Member's access to the Members Exchange Service, or parts of it, if the relevant Member is abusive, discriminatory or threatening to, harasses or communicates offensive messages or images to another Member, whether or not through the Members Exchange Service.

8. Relevance

The Members Exchange Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:

- include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the Members Exchange Service, and the recipients of their requests, can share this information, should they wish, once direct contact has been made;

- place material on, or otherwise use, the Members Exchange Service for non-commercial purposes; or

- use your access to the Members Exchange Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

9. Prohibitions

You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Members Exchange service, nor any activity or communication you make in connection with any Members Exchange Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal or otherwise, or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libellous, defamatory, unreliable or misleading.

10. Alerting Superbrands

If you receive anything from the Members Exchange Service which appears to infringe this Agreement, then please contact us to inform us of it by, or by emailing us. We do not generally monitor material which is passed to and from the Members Exchange Service, and so we are reliant upon users to point out any which infringes this Agreement.

11. Withdrawal of material and Termination of Membership

Each Member acknowledges that we are entitled to withdraw any material on the Members Exchange Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Members Exchange Service into disrepute. However, each user acknowledges that we do not monitor material which is passed to and from the Members Exchange Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, by email.

12. Disclaimer and Release

Superbrands has no control over or responsibility for the truth or accuracy of any material provided by other Members.

- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.

- Your use of the Members Exchange Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release Superbrands its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the Members Exchange Service and the material included here by Members and other third parties.

13. Intellectual Property

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Members Exchange Service (including the material which is contributed by Members) are owned by Superbrands. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Members Exchange Service, or any of the material which is found on the Members Exchange Service unless properly licensed to do so by us.

14. Excluded loss

We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Superbrands will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

15. Maximum liability

Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Superbrands under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of £5, regardless of the cause or form of action.

16. Non-excluded Liabilities

Nothing in this Agreement limits Superbrands' liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

17. Indemnity

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Members Exchange Service.

18. Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Superbrands assign or dispose of this Agreement.

19. Entire Agreement

This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the Members Exchange Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

20. Changes to this Agreement

Superbrands reserves the right to change this Agreement from time to time, and post the new version on the Members Exchange Service. The new version of these terms and conditions will take effect, and will govern all Members Exchange Services and your relationship with Superbrands:

- commencing four weeks after the date of posting (or such later date as Superbrands indicates in any relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Members Exchange Service; or

- immediately upon the date of posting (or such later date as Superbrands indicates in any relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Superbrands' addresses or email addresses referred to in this Agreement.

21. Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

22. Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales .

23. Keeping this Agreement

We don't separately file the individual Agreements entered into by members when they register for the Members Exchange Service. You can access it at www.superbrands.uk.com. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.