Last revised on 16th August 2019
Welcome to brandirectory.com (“the Site”), which is owned and operated by Brand Finance Plc (“Brand Finance” , “we”, “our” or “us” as applicable).
The terms “you”, “your” or “your business” in these T&Cs are a reference to the individual and, where applicable, the business on whose behalf you act when using, registering or placing an order from the Site.
This document sets out the terms and conditions (“T&Cs”) on which you may use the Site and governs any content or services purchased through the Site. By using the Site, regardless of whether you choose to register, you agree to be bound by these T&Cs. You should therefore read them carefully to understand your rights and liabilities before placing an order or using the Site. If you have any queries relating to the T&Cs, please contact our Customer Service Team by e-mail ([email protected]). Alternatively, if you do not wish to be bound by these T&Cs, you should not use the Site.
1. Access and registration
- You must be 18 years of age or over to use the Site. By using this Site and agreeing to these T&Cs, you warrant and represent to us that you are at least 18 years of age.
- You are free to browse many areas of the Site without registering. However, registration is required to place orders and to access purchased content.
- You must ensure all information provided when registering and or when placing an order is true, accurate, current and complete in all respects. Changes to your information can be made through the Profile page.
- Each registration is for a single user only. Please do not share your log-in details with any other person as you will be held responsible for all activities that occur under these passwords and/or accounts with or without your knowledge.
- You agree to inform Brand Finance immediately of any misuse or unauthorised use of your log-in details you become aware of by sending an e-mail to [email protected]
2. Content and services available on the site
- Brand Finance provides some content on the Site for free (please see Section 3) and some content at a charge (please see Section 4).
- If you wish to use our content in any way not expressly permitted in these T&Cs below (including, but not limited to making them available via an intranet or extranet or to or via a mobile device), you must first request written permission from Brand Finance. Brand Finance may grant or withhold permission for such use at its own discretion. If Brand Finance grants you permission for such use, in addition to any other conditions applied, you must attribute the content to Brand Finance in the following form: “source: © and database right Brand Finance Plc. All rights reserved.”
3. Free content
- Content available for free on the Site includes a selection of whitepapers, summary valuation reports, country/sector/global tables for top 10 brands. Please see below for details of how you are permitted to use this content.
Permission to use free content
- You are permitted to use free content for your own reference only provided all copyrights, trademarks and other intellectual property notices remain in place.
- Brand Finance reserves the right to change content available for free without any prior notice.
- All other rights in relation to our free content are reserved.
4. Content for purchase
Reports / data
- Content available for purchase includes selected specialist and valuation reports, rankings (country/global/sector tables), consumer equity research and other content (reports/data) in digital format for download from the Site. For details of how you can use this content please see 3.
- Reports/data are available for download and use in certain digital formats, for example Adobe PDF or Microsoft Excel. It is your responsibility to check if the format suits your needs before you place an order. Please note that from time to time Brand Finance may modify the formats in which the reports/data are available.
Permission to use purchased content
- When you buy any of our content in digital form, what you are buying is the right to use it (or extracts from the same) for your own reference in connection with your business in the following ways only:
- to view it online;
- to download one copy of that digital content in an available electronic format;
- to store that content in electronic format on the drive of one hardware device; to print out one copy of that digital content;
- to show our reports/data in its entirety to those third parties who need to review the information contained therein;
- to manipulate any statistical data that is provided with reports/data;
- provided that you keep intact all and any copyright and proprietary notices.
Restrictions on the use of purchased content
- You may not use the content in any way not permitted in Clause 4.3, in particular:
- You may not distribute the content whether by electronic mail, over any network or otherwise;
- You may not upload the content to any database or server;
- You may not display the purchased content on any website or intranet without the express consent of Brand Finance.
5. Purchasing content and services
Eligibility to place an order
- To be eligible to place an order for content on the Site, you must:
- be placing an order on behalf of yourself, your business or your Company of employment and have the necessary authority to do so;
- register by providing the name, address, phone number and contact details of your business in addition to your real name, e-mail address and other required information;
- possess a valid credit or debit card (7).
- The site is operated and owned by Brand Finance Plc, which is registered for tax purposes in the United Kingdom, VAT registration number GB 270 5569 90. If you require any of our other tax ID numbers, please contact [email protected].
- Unless otherwise indicated, prices stated on our Site are exclusive of any applicable value added tax (VAT) or other applicable taxes.
- You will find the total cost of your order, with price, VAT (where applicable) itemised, in your ‘Shopping Basket’ before you submit your order. All orders will be invoiced in Sterling (£).
- EU based purchasers may be required to account for VAT under the reverse charge procedure according to the local VAT rules in their country.
- Non-EU based purchasers may be required to account for VAT and other applicable taxes under the reverse charge or other procedure according to the local tax rules in their country. The recipient of the service will need to report and pay these taxes to their tax authorities at the rate and in the manner prescribed by applicable local law, rules and regulations.
- Brand Finance currently accepts payment by all major credit or debit cards (Visa, Mastercard and American Express). By submitting payment details you confirm that you are entitled to purchase the reports/data using those payment details. Brand Finance will send any invoices to the e-mail address provided during the registration process.
- To process payments you are required to enter your payment details, authorisation and click the ‘Submit payment’ button. If we are unable to supply the content you have ordered, Brand Finance will let you know as soon as possible. In such event, Brand Finance will give you a full refund if payment has already been taken.
- To pay for the reports/data by invoice please contact our Customer Services Team (2). You will be asked to provide relevant invoicing details.
- Payment is due in full prior to Brand Finance issuing access to the reports/data or unless agreed in writing with Brand Finance.
- In addition to fees payable for purchased reports/data, you are responsible for paying any internet connection or other telecommunications charges that you may incur to access the Site or using the services available on it.
6. Accessing purchased content
- Once you have submitted your order and your payment details have been confirmed Brand Finance will send you an e-mail confirming your purchase and the copy of invoice. The reports/data are added to your online account and are available for download immediately (links to purchased content will be available on the ‘Purchases’ page within ‘My Dashboard’). Your content will be available for you to use, in accordance with the usage restrictions (4).
- Reports/data purchased via any method other than the Site will be made available to you either through your online account or sent by e-mail once payment is received in full.
7. Cancellation and termination
- Brand Finance may decline your order for any reason, in which case Brand Finance will send you an e-mail telling you so. If the reason for declining your order is because Brand Finance cannot obtain authorisation of your payment details for any reason, then Brand Finance may invite you to pay by another method.
- Although Brand Finance tries very hard to ensure that all information on the Site is accurate, occasionally errors may occur. If we discover an error in the description of any content or service that you have ordered, we will let you know and ask whether you wish to continue with your order or cancel it. If we discover that the correct price of any content or services you have ordered is lower than our stated price, we will charge you the lower amount and process your order. If the correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before processing your order or cancel your order and notify you of such cancellation.
- To avoid any doubt, as this Site and its content are intended for business use only, you do not have an automatic right to cancel your contract with Brand Finance. We therefore regret that we do not offer refunds or accept returns, except in the case of returns of materially defective reports/data or refunds in circumstances where we are unable to supply the content you have ordered and for which we have taken payment (please see Clauses 5.8 and 8 respectively for further details).
- Brand Finance reserves the right to terminate any contract with you if your payment is not processed for any reason, but you have nevertheless received the content or access to services you have ordered. In such an event, Brand Finance may on notice to you withdraw your right to use such content or services (as described above) and require you to delete or return such content, including content obtained through any services provided, as appropriate.
8. Defective content
- If the reports/data are defective (e.g. it is corrupted), then please contact our Customer Service Team (2). You will be entitled to a replacement. This constitutes Brand Finance’s sole liability to you for any defective content you have purchased.
9. Third party software
- You acknowledge that you might need to download and activate certain third-party software in order to download, view and use any of the digital content provided on the Site (e.g. Adobe Reader).
- In order to use such third-party software or technology you may have to explicitly accept the terms of a licence agreement with that third party. You acknowledge that Brand Finance has no responsibility or control over such third-party software or their licence terms.
- Brand Finance takes your privacy seriously. Please read the Privacy Notice to see what personal information Brand Finance collects and how it deals with this information.
11. Third party sites and services
- The Site contain links to other Internet websites or online and mobile services provided by independent third parties, including websites of our advertisers and sponsors (what we call “Third Party Sites”), either directly or through frames. Third Party Sites may be co-branded with the Site and so include Brand Finance’s or Brandirectory’s trademarks.
- Brand Finance has not reviewed Third Party Sites, does not control and is not responsible for these websites or their content or availability. Brand Finance 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.
- Brandirectory.com may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on brandirectory.com complies with international and national law. Brand Finance is not responsible for any error or inaccuracy in advertising or sponsorship material.
- You may link to the Site from your website, provided:
- such link does not involve the unauthorised use of our logo;
- the Site is not loaded into frames on your website and is not otherwise passed off as your own content;
- all copyright, trademark and similar notices are retained;
- the content is not used as or implies that Brand Finance is providing testimonial or endorsement of an organisation, its products or services;
- your website or service does not misrepresent its relationship with Brand Finance or present false information about Brand Finance.
- Brand Finance reserves the right to withdraw linking permission at any time without prior notice.
12. Your use of the site
- Brand Finance encourages your use of the Site and our content and services on the Site. However, Brand Finance requires that your use of the Site is lawful. Consequently, you may not use the Site for any illegal purpose and in particular you will not interfere with or disrupt the Site, servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
- Unauthorised use of this Site and our content and services may give rise to a claim for damages and/or be a criminal offence.
13. Content Ownership
- You acknowledge that all copyright, database right, trademarks and all other intellectual property rights in the Site and the content made available via the Site, will at all times remain vested in Brand Finance or its licensors, which reserve all such rights.
- You shall at the request and expense of Brand Finance do all such things as may be reasonably required to assist Brand Finance in taking or resisting any legal proceedings in relation to any infringement of any such rights.
- For information on how you are permitted to use the content made available on the Site, please see the permitted uses and restrictions of use set out above in these T&Cs.
- ‘Brandirectory.com’ and ‘Brand Finance’ are registered trademarks and you may not use them without written permission from Brand Finance. All other brand names and trademarks that appear on the Site are trademarks or trade names of their respective holders. No permission is given in respect of the use of any of these brands or marks, and any such use may constitute an infringement of the holder’s rights.
- The parties to any contract made under these T&Cs acknowledge that they or their employees may, in the course of performing their responsibilities under these T&Cs, be exposed to or acquire non-public information which is proprietary to or confidential to either party or third parties to whom they owe a duty of confidentiality ("Confidential Information"). The parties agree to hold Confidential Information in strict confidence and not to disclose the same to third parties or to use such Confidential Information for any purpose whatsoever other than the provision of content and services to you as contemplated by these T&Cs and to advise each of its employees who may be exposed to Confidential Information of their obligations to keep such information confidential. This provision shall survive termination of any contract made under these T&Cs.
- Brand Finance agrees that it will not, without your prior written consent, represent, directly or indirectly, that any product or any service(s) provided by Brand Finance has been approved or endorsed by you. This provision shall survive termination of any contract made under these T&Cs.
15. Warranties and indemnities
- Brand Finance warrants:
- That it has permission from the original rights owners to allow you to use the content available via the Site, in accordance with these T&Cs.
- To operate the Site and provide services through it with reasonable skill and care and to use reasonable endeavours to correct any faults of which it is aware.
- You agree to indemnify, defend and hold harmless Brand Finance, its directors, officers, employees and licensors from and against any claim, liability, cost, damage or loss Brand Finance may incur (including reasonable legal fees) as a result of any actions you take which disrupt access to and/or functioning of the Site and/or any breach by you of your obligations under these T&Cs, including but not limited to any breach by you of the permissions granted to you under these T&Cs.
- Subject to Clause 15.3, Brand Finance shall indemnify and hold you harmless from and against any damages, awards or penalties, including proper and reasonable legal fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use by you of the content and services we provide to you in accordance with these T&Cs.
- The indemnity contained in Clause 15.2 shall be subject to the following provisions:
- You shall immediately notify Brand Finance on receipt of any allegation of infringement and shall make no admission or take any action without Brand Finance’s express written authority.
- Brand Finance shall have the sole right to deal with any such claim and to defend the legal proceedings in respect of such claims at its own expense, including the right to compromise or settle or otherwise dispose of any such claim.
- You shall provide, at Brand Finance’s expense, such assistance in investigating and defending such claims as Brand Finance may reasonably request. This indemnity shall survive the termination of any contract made under these T&Cs.
16. Exclusions and limitations of liability
- The sole warranties given by Brand Finance are those contained in Clause 15.1.
- Nothing in these T&Cs will restrict any of your statutory rights or Brand Finance’s liability that cannot be limited or excluded by applicable law.
- The Site is intended for information purposes only and as such no information provided on or via the Site constitutes advice or recommendations. You should not rely on any information provided on or via the Site to make any decision. If you do, subject to Clause 16.2, Brand Finance is not liable for any loss or damage that may result.
- Although the Site is provided in good faith and Brand Finance tries to ensure that the information on the Site is accurate and complete, Brand Finance cannot and does not guarantee the accuracy, integrity, quality or completeness of the content available via the Site or its usefulness for any particular purpose. Brand Finance does not accept any liability which may arise as a result of any errors or incomplete information in such content.
- Brand Finance does not have any knowledge of, nor control over, the particular purpose(s) for which the content and services available on the Site is used. Accordingly, subject to Clause 16.2, Brand Finance excludes any and all liability for any loss of any nature suffered by you, or by any of your clients or customers, as a direct or indirect result of your/their use of any of the content or services available on the Site or of making any business decision, or refraining from making any such decision, based wholly or partly on any data, expression of opinion, statement or other information or data contained in the content or accessible through the services available on the Site.
- Except for the express warranties stated in Clause 15, the content and services available on the Site are provided on an "as is" basis. Subject to Clause 16.2, Brand Finance excludes any and all other warranties, conditions, or representations relating to the content and services, whether express, implied, oral or written, and including any which may be contained in any description, specification or proposal provided to you by Brand Finance, via the Site or otherwise. This exclusion applies to any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Brand Finance does not make any promises about the availability of the Site or promise that your access to the Site or our content will be delivered uninterrupted, timely or error-free. In particular, Brand Finance disclaims any liability in connection with any technical problems you may experience with the Site which may result in interruptions to the Site. Brand Finance makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the server that makes it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. All such implied provisions are hereby excluded to the fullest extent permitted by law.
- To the fullest extent allowed by law, Brand Finance will not be liable for (i) any loss of data; use; reputation; goodwill or opportunity; (ii) any loss of or failure to realise expected profit, revenue or savings or any other form of pure economic loss, whether such loss is direct or indirect; or (iii) any indirect, special, incidental, punitive, consequential damages or losses that you may suffer, whether relating to your downloading, purchase or use, or inability to use, the Site or any content or services Brand Finance provides or otherwise, and, in each case, howsoever arising.
- Other than as set out above, Brand Finance’s maximum aggregate liability to you for all claims whether arising in contract, tort, breach of statutory duty or otherwise, and, whether in respect of a single event, series of connected events or of unconnected events, will be limited to: (i) in the case of any defective content as described under Clause 8.1, the replacement of such content; or (ii) in any other case, the retail price of the content or service for which you have paid.
17. General changes to these terms and the site
- Brand Finance may change these T&Cs at any time by sending you an e-mail with the modified T&Cs or by posting a copy of them on the Site. Any changes will take effect seven (7) days after the date of the e-mail or the date on which Brand Finance posts the modified T&Cs on the Site, whichever is the earlier. Your continued use of the Site after that period expires means that you agree to be bound by the modified T&Cs.
- To ensure that you are aware of the most up to date version of these T&Cs, you will be asked to read and accept these T&Cs each time you place an order. Brand Finance also recommends that you print and keep a copy for your records.
- Brand Finance reserves the right:
- to make changes at any time to all or any parts of the Site and the details displayed on it (including content and prices) without notice;
- to introduce appropriate technical protection measures to control access and/or use of any content on the Site in accordance with these T&Cs provided that no such measure shall adversely affect your rights under these T&Cs.
- You may not assign, sub-license or transfer all or parts of your rights or obligations under these T&Cs without prior written consent from Brand Finance.
- Occasionally Brand Finance is unable to perform its obligations under these T&Cs due to circumstances beyond its reasonable control. In such circumstances including, but not limited to, system failure, fire, flood, earthquake and other natural physical disasters, strikes, trade disputes, lock outs, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, Brand Finance’s inability or delay in performing its obligations will not be deemed to be in breach of contract.
- Each party acknowledges that in accepting these T&Cs it has not relied and is not relying on any representations or warranties (whether implied or otherwise) other than those expressly set out in these T&Cs and the parties irrevocably and unconditionally waive any right they may have to any remedy in respect of any other such representation or warranty except in the case of fraud.
- If any of these provisions is deemed invalid, illegal, void, unenforceable or in conflict of the applicable law of any jurisdiction, that provision will be deemed severable from the rest and will not affect the validity. legality and enforceability of any remaining provisions.
- These T&Cs govern Brand Finance’s relationship with you and represent Brand Finance’s entire agreement with you in connection with your use of the Site and the content made available via the Site.
- If you breach these T&Cs and Brand Finance chooses to ignore your breach, Brand Finance will still be entitled to use the rights and remedies available to it at a later date or in any other situation where you breach the T&Cs again. A waiver of any provision(s) of these T&Cs by Brand Finance shall not be deemed a waiver of any other provision(s) of these T&Cs.
Exclusion of third party rights
- These T&Cs do not create any right enforceable by any person who is not a party to them.
- Any disputes or claims arising out of or in connection with the contract are governed by and construed in accordance with the laws of England and Wales.
- In the event of any dispute or controversy arising out of or in connection these T&Cs, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under these T&Cs, which are not affected by the dispute.
- If a dispute arises out of or in connection with this contract, both you and Brand Finance will attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.
- If either or both you and/or Brand Finance refuse to initiate the mediation procedure within 14 days of the dispute arising or if you and Brand Finance both fail to agree terms of settlement within 30 days of the initiation of the procedure, you and Brand Finance will resolve the dispute by binding arbitration before a single arbitrator in accordance with the then current international arbitration rules of the International Chamber of Commerce. The arbitration shall take place in London, England. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these T&Cs.
- Nothing in this clause or in the Rules of the International Chamber of Commerce shall prevent either you or Brand Finance from applying to the Court of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.
- All notices required or permitted under these T&Cs will, when provided by Brand Finance, be given in writing to the address and/or e-mail address provided by you at registration or, when being provided by you, be given in writing to our postal address in Clause 2 below using an internationally recognised express courier service.
- If you have any complaints, please contact Brand Finance via e-mail at [email protected] or by post (at the address below) and Brand Finance will do its best to resolve these.
20. Corporate information
- Brand Finance Plc is the publisher of the brandirectory.com website, and its corporate details are as follows: registered office address is 31 Bolton Gardens, Teddington, TW11 9AX, United Kingdom; company number is 03170141; VAT number GB270556990.
- Contact our Customer Service Team:
Brand Finance Plc
3 Birchin Lane
Telephone (Switchboard): + 44 (0)20 7389 9400
E-mail: [email protected]