Terms of service
Last updated 08/12/2020
Please read these terms carefully. Using the Website indicates that you accept the Terms regardless of whether or not you choose to browse, subscribe or access our services. If you do not accept the Terms, do not use the Website.
1.1 By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.
1.2 When using the Website, you will be subject to any additional posted guidelines or rules posted on the Website from time to time relating to a specific activity or feature (together the "Guidelines"). All such Guidelines are incorporated by reference into these Terms.
1.3 Bramble reserves the right to revise these Terms at any time by updating them. You should check the Website from time to time to review the then current Terms, because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated Terms or terms located on particular pages of the Website.
1.4 Age requirements. If you’re under the age required to manage your own Bramble account, you must have your parent or legal guardian’s permission to use Bramble. Please ask your parent or legal guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the services.
1.5 Using Bramble on behalf of an organisation or business. Many organisations, such as businesses, charities and schools, take advantage of our services. To use our services on behalf of an organisation: (a) an authorised representative of that organisation must agree to these terms and those of any platform licence and/or SLA if applicable; and (b) your organisation’s administrator may assign a Bramble account to you. That administrator might require you to follow additional rules and may be able to access or disable your Bramble account.
2.1 You acknowledge that the Website is owned and operated by Bramble. Except as provided in clause 2.2, the copyright and all other intellectual property rights in all material on the Website and in the library, databases, the design, reports, text, pictures, images, graphics and the selection and arrangement of them and in all software compilations, coding, source code, software and in all documents and/or other material on the Website belongs to Bramble absolutely or is licensed to Us.
2.2 Users shall retain ownership rights in the text, messages, chat, files, images, photos, video, sounds, musical works, works of authorship or any other materials that they from time to time post or transmit to the Website (the "User-Generated Content"). Any User-Generated Content you post or transmit to the Website shall be considered non-confidential.
By submitting the User-Generated Content on our platform you hereby grant:
2.2.1 to Bramble a worldwide, permanent, non-exclusive, assignable, sub-licensable, royalty free licence to host, publicly display, reproduce, distribute, translate, use, publish, publicly perform, modify and create derivative works of your User-Generated Content.
2.2.2 to all other Users, a non-exclusive licence to view, download, display, reproduce or perform (if applicable) your User-Generated Content solely as necessary for such User to participate in the relevant Website activity or functionality.
2.2.3 you may only access, view and download materials from the Website ("Materials") for your own personal and non-commercial use.
2.2.4 if you believe that the content of the Website or Materials in any way infringes intellectual property rights belonging to you or any third party, please contact Bramble immediately.
2.2.5 with respect to Materials you elect to post to any area of the Website, you grant Bramble the royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Materials (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
2.2.6 you acknowledge and agree that the service and any necessary software used in connection with the service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to youthrough the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the Software, in whole or in part.
3 User-generated content and conduct
3.1 Any use of the User-Generated Content by Users other than for private, non-commercial research or study is strictly prohibited.
3.2 You are prohibited from posting or transmitting to or from the Website any material or User-Generated Content:
3.2.1 that is harmful, misleading, defrauding, defaming, bullying, harassing, stalking, threatening, defamatory, obscene, indecent,seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
3.2.2 which infringes other peoples’ rights or for which you have not obtained all necessary licences and/or approvals; or
3.2.3 which is protected by privacy and/or data protection laws in any jurisdiction, such as personal information and sensitive personal information relating to you or any other person; or
3.2.4 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
3.2.5 which is technically harmful (including (but not limited to) computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data (together "Inappropriate User-Generated Content")
3.3 Bramble shall fully co-operate with any law enforcement authorities or court order requesting or directing Bramble to disclose or identify or locate anyone posting any Inappropriate User-Generated Content.
3.4 Bramble accepts no responsibility for actively monitoring the Website for Inappropriate User-Generated Content. You agree that Bramble accepts no liability whatsoever if Bramble so chooses from time to time to edit, restrict or remove the User-Generated Content.
4 Submitted material
4.1 We shall have the sole discretion to edit, refuse to post or remove any User-Generated Content or Material that is submitted and/or posted to the Website at any time.
4.2 You are entirely responsible for all User-Generated Content or Material that you upload, post, email or otherwise transmit via the service. We shall take all reasonable steps to ensure that the work submitted by you belongs to you and it satisfies our standards. Please note that by submitting work you are declaring that you are the owner of all privileges to that work. Under no circumstances will Bramble be liable in any way for any Material, including, but not limited to, any errors or omissions in any Material, or any loss or damage of any kind incurred as a result of the use of any Material posted, streamed, downloaded, emailed or otherwise transmitted via the Service.
4.3 You shall be solely responsible for the content of any Material that you supply and you will ensure that the Material does not contain any inaccurate, misleading and/or offensive information. You guarantee to Us that any User-Generated Content or Material supplied by you to Us does not infringe any privacy, data protection, copyright or other personal or proprietary right of any other person or entity or any personal moral rights; and is not immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or does not cause offence.
5 Prohibited use of the website
5.1 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Bramble's prior written consent.
5.2 You agree that you will not:
5.2.1 use the Website for any purpose that is unlawful (including (but not limited to) by hacking) or prohibited by these Terms;
5.2.2 use the Website in such a manner as would, in the sole discretion of Bramble, cause harm to the Website or other Users or otherwise interfere with the enjoyment of the Website;
5.2.3 harass, abuse, bully, threaten, defraud or post personal information about another User;
5.2.4 use any robot, spider, scraper or other automated means to access the Website for any purpose;
5.2.5 attempt to gain authorised access to the Website through hacking, password mining or any other means; or
5.2.6 interfere or attempt to interfere with the proper working of the Website.
6 Links to and from other websites
6.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Bramble has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Bramble therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, any page of the Website, and subject to the following conditions:
6.2.1 you do not remove, distort or otherwise alter the size or appearance of Bramble logo;
6.2.2 you do not in any way imply that Bramble is endorsing any products or services other than its own;
6.2.3 you do not misrepresent your relationship with Bramble nor present any other false information about Bramble;
6.2.4 you do not otherwise use Bramble trade mark or logo displayed on the Website without express written permission from Bramble;
6.2.5 you do not link from a website that you do not have the necessary authority or permission to link from; and
6.2.6 the website you are linking from does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of Bramble or any other person or otherwise does not comply with all applicable laws and regulations.
6.3 You shall fully indemnify Bramble for any loss or damage suffered by Bramble for breach of this clause.
7.1 If you meet our age requirements you can create a Bramble account by registering on our Website. Some sections of the Website may require registration and we request that you complete the information accurately and as completely as possible.
7.2 Responsibility for the accuracy of your registration information and security of your password(s) rests entirely with you.
8 Paid services
8.1 Charges are payable online by either credit or debit card.
8.2 You agree to pay all fees and charges that you incur subject to the payment terms that will be disclosed to you at the time you make your purchase of services or access to the library.Invoices issued by us must be paid within 28 days from the date of invoice. When you make a purchase from us, you must provide us with a payment method. You must be authorized to use the payment method. You authorize us to charge you for the service using your payment method. You must pay service charges in advance.
8.3 Charges are not refundable if you request to cancel or terminate your registration early.
8.4 Refunds - We will issue refunds where they are genuinely deserved. We are not however able to give refunds in circumstances that are down to user error or lack of attention which include failing to cancel your subscription before your renewal date, having two subscriptions and only cancelling one, creating additional accounts and subscriptions without cancelling existing ones.
We are unable to refund payment unless:
(a) we are unable to fulfil your subscription.
(b) there are exceptional circumstances, which we will assess on a case by case basis. If we then decide that exceptional circumstances apply we may, at our reasonable discretion, give you a proportionate refund;
We do however commit to being completely fair and reasonable in deciding whether to issue refunds or not. If you wish to apply for a refund, then please contact us. If you have a query about obtaining a refund, please contact our customer services team at firstname.lastname@example.org.
8.5 Cancellation - At any time, and without cause, we may suspend, cancel or terminate your access in our sole discretion. You are not entitled to a refund of charges, if you request to cancel or terminate your access subscription. You are liable for charges incurred by you until termination of service. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.
9 Service access and modifications
9.1 While Bramble endeavours to ensure that the Website is normally available 24 hours a day, Bramble shall not be liable if for any reason the Website is unavailable at any time or for any period.
9.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Bramble's control.
9.3 We reserve the right at any time and from time to time to modify or discontinue the Service, you agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10.1 We shall use Our reasonable endeavours to ensure the security of the Website. We shall have no liability where the security of the Website is breached due to acts and/or omissions by you and/or where We have taken all reasonable steps to protect the security and integrity of the Website.
10.2 We shall use Our reasonable endeavours to monitor the material on the Website and to ensure that any material that is immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or causes offence is removed from the Website upon receipt of notice of any such material.
10.3 Any postings on the Website contain the questions, views, opinions and/or advice of you and are not ours.
10.4 We shall have no liability to you for any (including but not limited to) direct, indirect, incidental, consequential losses or damages; loss of profits and/or damage to goodwill; use or inability to Use the Service; loss of and/or corruption of data or other intangible loss; transmission of virus and/or any other harmful code; missed deadlines and/or failed exams; damages, loss of data due to the network provider failure; unauthorised access to or alteration of your coursework or any other data; damage to your computer, loss of data resulting to the download of any Material from the Website, be it from the result of software viruses, mail bombs, Trojan horses or any other computer code, files or programs designed to interrupt, damage, corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or the conduct of any third party.
10.5 Our total liability to you in relation to any one claim or series of claims based on the same or similar facts, shall not exceed 100% of the charges that you have paid to Us in respect of a particular session which is the subject of such claim or alleged claim.
10.6 Nothing in these Terms shall exclude or limit Bramble's liability for death or personal injury due to Our negligence or any liability which is due to fraud or any other liability which we are not permitted to exclude or limit as a matter of law.
10.7 Nothing in these Terms shall exclude any of your statutory rights as a consumer.
10.8 You furthermore acknowledge that the materials (including the user-generated content) and use of the service is at your sole discretion and risk. the materials and service is provided on an "as is" and "as available" basis. accordingly to the maximum extent permitted by law, we expressly disclaim all warranties, conditions of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory description and quality, fitness for a particular purpose, and any term as to the provision of the materials or services to a standard of reasonable care and skill or as to non-infringement of any intellectual property rights.
10.9 Bramble makes no warranties that the service will be uninterrupted, secure, or error-free; the results that may be obtained from the use of the service will be accurate or reliable; or any errors in the software will be corrected.
10.10 Bramble does not warrant the accuracy and completeness of the Material on the Website (including the User-Generated Content). Bramble may make changes to the User-Generated Content and/or Material on the Website, or to the products and prices described in it, at any time without notice. The Material on the Website may be out of date, and Bramble makes no commitment to update or remove such Material.
11.1 Bramble, any other party (whether or not involved in creating, producing, maintaining or delivering the Website) and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website (including the User-Generated Content) in any way or in connection with the use, inability to use or the results of use of the Website (including the User-Generated Content), any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website (including the User-Generated Content) or your downloading of any material from the Website (including the User-Generated Content) or any websites linked to the Website. Bramble’s total liability arising out of or relating to these terms is limited to 100% of the fees that you paid to use the relevant services in the 12 months before the breach.
11.2 Nothing in these Terms shall exclude or limit Bramble's liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or fraud; or misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law.
11.3 If your use of Materials on the Website (including the User-Generated Content) results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, contractors, agents, and other partners and employees, harmless from any loss, costs, claims or damages of whatsoever nature, fees, made by any third party due to or arising out of coursework you submit, post to or transmit through the service, your use of the service, your connection to the service, your violation of these terms, or your violation of any rights of another. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs and legal fees.
12 Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with English Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.