Table of Contents
Introduction
These terms and conditions govern your use of THE BREWSTER TRUST website and its applications (together the “Platforms”); by using this Platforms, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use these Platforms.
In these Terms & Conditions, we use the term THE BREWSTER TRUST (“we”, “us” and “our”) to refer to our office at the registered address below.
License to use website
Unless otherwise stated, THE BREWSTER TRUST and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only and print pages from the Platforms for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website.
Acceptable use
You must not use these Platforms in any way that causes, or may cause, damage to the Platforms or impairment of the availability or accessibility of the Platforms; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use these Platforms to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to these Platforms without THE BREWSTER TRUST’s express written consent.
You must not use these Platforms for any purposes related to marketing without THE BREWSTER TRUST’s express written consent.
Links & linking
The Platforms may contain links to other platforms operated by third parties not affiliated to THE BREWSTER TRUST. The inclusion of any link to such third party sites does not imply endorsement by THE BREWSTER TRUST of those sites. THE BREWSTER TRUST has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is at your own risk.
THE BREWSTER TRUST does not authorise linking to any of its Platforms from a third party platform without its express prior written authorisation.
Restricted access
Access to certain areas of these Platforms is restricted. THE BREWSTER TRUST reserves the right to restrict access to (other) areas of these Platforms, or indeed the entire Platform, at THE BREWSTER TRUST’s discretion.
If THE BREWSTER TRUST provides you with a user ID and password to enable you to access restricted areas of these Platforms or other content or services, you must ensure that the user ID and password are kept confidential.
THE BREWSTER TRUST may disable your user ID and password in THE BREWSTER TRUST’s sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to these Platforms, for whatever purpose.
You grant to THE BREWSTER TRUST a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to THE BREWSTER TRUST the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or THE BREWSTER TRUST or a third party (in each case under any applicable law).
You must not submit any user content to the Platforms that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
THE BREWSTER TRUST reserves the right to edit or remove any material submitted to this website, or stored on THE BREWSTER TRUST’s servers, or hosted or published upon the Platforms.
No warranties
These Platforms are provided “as is” without any representations or warranties, express or implied. THE BREWSTER TRUST makes no representations or warranties in relation to these Platforms or the information and materials provided on the Platforms.
Without prejudice to the generality of the foregoing paragraph, THE BREWSTER TRUST does not warrant that:
- these Platforms will be constantly available, or available at all; or
- the information on the Platforms is complete, true, accurate or non-misleading.
Nothing on these Platforms constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
THE BREWSTER TRUST will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, these Platforms:
- to the extent that the Platforms are provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if THE BREWSTER TRUST has been expressly advised of the potential loss.
Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
Reasonableness
By using these Platforms, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable. If you do not think they are reasonable, you must not use these Platforms.
Other parties
You accept that, as a limited liability entity, THE BREWSTER TRUST has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against THE BREWSTER TRUST’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect THE BREWSTER TRUST’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as THE BREWSTER TRUST.
Unenforceable provisions
If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify THE BREWSTER TRUST and undertake to keep THE BREWSTER TRUST indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by THE BREWSTER TRUST to a third party in settlement of a claim or dispute on the advice of THE BREWSTER TRUST’s legal advisers incurred or suffered by THE BREWSTER TRUST arising out of any breach by you of any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to THE BREWSTER TRUST’s other rights under these terms and conditions, if you breach these terms and conditions in any way, THE BREWSTER TRUST may take such action as THE BREWSTER TRUST deems appropriate to deal with the breach, including suspending your access to the Platforms, prohibiting you from accessing the Platforms, blocking computers using your IP address from accessing the Platforms, contacting your internet service provider to request that they block your access to the Platforms and/or bringing court proceedings against you.
Variation
THE BREWSTER TRUST may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of these Platforms from the date of the publication of the revised terms and conditions on these Platforms. Please check this page regularly to ensure you are familiar with the current version.
Assignment
THE BREWSTER TRUST may transfer, sub-contract or otherwise deal with THE BREWSTER TRUST’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, together with the disclaimer, the copyright notice and the privacy policy, constitute the entire agreement between you and THE BREWSTER TRUST in relation to your use of these Platforms, and supersede all previous agreements in respect of your use of the Platforms.
Applicable law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of Barbados, without reference to conflict of law provisions. Any dispute, controversy or claim arising out of or in relation to the terms and conditions, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said terms and conditions.
Registered offices
THE BREWSTER TRUST has its registered offices at Newton House, Battaleys, St. Peter, BB26094, Barbados. The Platforms are owned and edited by THE BREWSTER TRUST, hosting services are provided by partner companies.
If you have any questions or comments about these Terms of Use, or matters generally, please contact us at our address provided.
Credit
The terms and conditions were created with templates available at Freenetlaw.