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PRIVACY POLICY

BLACK BRITISH BUSINESS AWARDS WEBSITE TERMS AND CONDITIONS

Introduction

Welcome to https://www.thebbbawards.com ("our site"). Our site is operated by The Black British Business Awards Ltd ("we" "us" or "our"), registered in England and Wales under company number 10057028. Our registered office is at 10 Coldbath Square, London, England, EC1R 5HL.

These terms ("Terms") tell you the rules for using our site. In these Terms: "you" (and "your" shall be construed accordingly) means any user or viewer of our site, whether as a registered user or not. Please take the time to read these Terms carefully before using our site.

How to contact us

If you have any questions or concerns about these Terms, you can contact us by emailing to [email protected]. Please include "SITE TERMS" in the subject of the email.

By using our site you accept these Terms

By using our site, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to these Terms, you must not use our site.

There are other terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy: We will only use your personal information as set out in our Privacy Policy.
  • Our Cookie Policy: Which sets out information about the cookies on our site.

We may make changes to these Terms

We may amend these Terms from time to time. Every time you wish to use our site, please check these Terms to ensure you understand the Terms that apply at that time. These Terms were most recently updated on [19th January 2022] – please also refer to the "Last Updated" date at the bottom of this page. Unless otherwise stated, any changes we make to this Terms will become effective immediately once posted on this page. We will notify you via email in advance of any material changes made to these Terms, and such material changes will become effective on the date set out in our email to you (which will also be updated in the "Last Updated" date at the bottom of this page).

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products or services, our users' needs or our business priorities. We will give you reasonable notice via email of any major changes that have a material impact on your use of our site.

We may suspend or withdraw our site

Our site is made available free of charge.

You acknowledge and agree that our site may be unavailable from time to time. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We shall not be liable under any circumstances for any disruption, loss or damage of any kind suffered by you as a result. We provide no warranty that our site will always be available, uninterrupted or error free.

We may suspend or withdraw or restrict the availability of all or any part of our site for business or operational reasons. We will give you reasonable notice via email of any suspension or withdrawal.

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

We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing by email if this happens and we will ensure that the transfer will not adversely affect your rights under the contract.

Our site is only for users in the UK

Our site is predominantly directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, 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.

We have the right to disable any user identification code 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.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our 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 must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

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

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

  • Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same.
  • Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

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

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them. We are not responsible for the content provided by third parties, nor do we guarantee their compliance with any applicable law, accuracy, reliability, quality, or completeness.

We have no control over the contents of those sites or resources. Any access or use of third party sites or resources is solely at your discretion and between you and the applicable third party provider or operator. We do not make any representation or commitment, or warrant the performance, availability, safety or reliability of any third party sites or resources and are not responsible for the applicable third party provider or operator's performance or failure to perform in any respect.

User-generated content is not approved by us

Our site may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on [email protected].

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Save as expressly set out in these Terms, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the maximum extent permitted by applicable law, excluded from these Terms.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you 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, our site; or
  • use of or reliance on any content displayed on our site.
  • 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 our site for domestic and private use. You agree not to use our 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.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in these Terms.

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. 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 our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our 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 section below, "Rights you are giving us to use material you upload".

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 our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these Terms.

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

We do not store terrorist content.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

  • a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by our site and across different media including to promote our site or service, to expire when the user deletes the content from our site; and
  • a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes, to expire when the user deletes the content from our site.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from malware, bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our 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 our site will cease immediately.

Rules about linking to our 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 our site in any website that is not owned by you.

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

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these Terms.

If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected].

Prohibited uses

You must not use our site, and must not allow, authorise or encourage any third party to use our 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 bully, insult, intimidate or humiliate any person;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards as set out below;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (such as 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; and/or
  • to upload terrorist content.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms;
  • not to access without authority, interfere with, damage or disrupt:
    • any equipment or network on which our site is stored;
    • any equipment or network or software owned or used by any third party;
    • any part of our site; or
    • any software used in the provision of our site.

Content standards

These content standards ("Content Standards") apply to any and all material which you contribute to our site ("Contribution").

The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any Contribution as well as to its whole.

We will determine, in our discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • be accurate (where it states facts);
  • be genuinely held (where it states opinions); and
  • comply with English law and in any country from which it is posted.

A Contribution must not:

  • be defamatory of any person;
  • be obscene, offensive, hateful or inflammatory;
  • bully, insult, intimidate or humiliate;
  • promote sexually explicit material;
  • include child sexual abuse material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal content or activity;
  • be in contempt of court;
  • 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;
  • impersonate any person or misrepresent your identity or affiliation with any person;
  • give the impression that the Contribution emanates from us, if this is not the case;
  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as copyright infringement or computer misuse; and/or
  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

Where applicable, for any Contribution in the form of video content:

  • You must not upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18.
  • You must not upload a video containing harmful material.
  • You must not upload a video containing advertising for any of the following:
  • cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
  • for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
  • Any video you upload must not:
  • prejudice respect for human dignity;
  • include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
  • encourage behaviour prejudicial to health or safety;
  • encourage behaviour grossly prejudicial to the protection of the environment;
  • cause physical, mental or moral detriment to persons under the age of 18;
  • directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
  • directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
  • exploit the trust of such persons in parents, teachers or others; and/or
  • unreasonably show such persons in dangerous situations.

Breach of these Terms

If we consider you have failed to comply with these Terms (including the sections under "Prohibited uses" and "Content standards"), in addition to any rights or remedies available under these Terms or at law, in equity or statute, we may take such action as we deem appropriate and necessary in accordance with these Terms. This includes, but not limited to, suspension or termination of your right to use our site, removal of any content you have uploaded and shared via our site, legal action or disclosure of information to law enforcement authorities where we reasonably feel it is necessary or required by law.

We exclude our liability for any and all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country's laws apply to any disputes?

If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.

 

Last Updated: [19th January 2022]

 

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