Brand Concierge

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TERMS & CONDITIONS

GENERAL TERMS
AGENCY TERMS
CLIENT TERMS

GENERAL INFORMATION

This website (http://brandconcierge.co) (the platform) is run and maintained by Brand Concierge Limited (Brand Concierge), a company registered in England and Wales, with company registration number 08605828 and whose registered office is at Flat 1, 64 Addison Road London W14 8JL. Our email address is concierge@brandconcierge.co.

Brand Concierge is an online marketplace that enables brand owners to hire an agency for their campaign needs and facilitates the transactions between the parties on its online platform.

The Services provided by the agencies are marketing, media spend, PR, branding, advertising services and / or tangible items delivered by Agencies to Clients for their branding campaign needs and media products, offered on a pay-as-you-go basis.

These Website Terms and Conditions together with our Agency Terms and Client Terms (Terms and Conditions) cover the terms on which you may use the platform, conduct your business and purchase services.

Please read these Terms and Conditions carefully before you start to use the platform. By using the platform, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy. If you do not accept them, please do not use the platform.

USER RIGHTS OF ACCESS

You have permission for temporary, non-exclusive use of the platform. Brand Concierge reserves the right to withdraw or change the content of the platform and these Terms and Conditions at any time without notifying you and without having any legal responsibility towards you.

You are not allowed to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of the platform.

You are also not allowed to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the platform and/or any documents or online resources on the platform available to any third party.

You are responsible for configuring your own computer and software to access the material and content on our platform including downloadable files. We do not warrant that the way we deliver data to you is compatible with your software or with the way your mobile device, computer or tablet is configured. Although we do our best to protect our platform, we are not responsible for any viruses, bugs or similar issues. We advise that you use your own virus protection software to protect yourself.

You must treat all identification codes, passwords and other security information that you obtain from use of the platform and (where applicable) for you to access parts of the platform, as confidential. If we think you have failed to keep confidentiality, we may disable any such information, including your passwords and other codes.

You agree to follow our Acceptable Use Policy.

If you allow anyone else to use our platform, you must make sure that they read these Terms and Conditions first, and that they agree to and follow them.

If you do not use the platform according to the law and these Terms and Conditions, we may suspend your usage, or stop it completely.

We frequently update the platform and make changes to it, but we have no duty to do this. This means that content on the platform may be outdated or incorrect. We will have no liability to you for any losses or damage you may suffer from your reliance on any of our materials.

We do not save your credit card details or share customer details with any third parties and we follow our Privacy Policy in handling information about you. By using the platform, you agree to us handling this information and confirm that data you provide is accurate.

Our platform uses cookies. More information is provided in our Cookie Policy.

CONFIDENTIALITY

Personal information or business information that you supply to Brand Concierge through the platform, other than information that is in the public domain, will be treated confidentially and in line with our Privacy Policy. Confidential information will not be disclosed to any third party, including for the purposes of marketing, without your prior permission. We will only disclose your information if it is necessary for the performance of our services or where so required by law.

VARIATION

We may change these Terms and Conditions from time to time. Please ensure that you check for any changes regularly, as you are bound by them if you use of this platform.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of all intellectual property rights in the platform including any databases that hold relevant information about the platform. They are protected by copyright or trademark registration and you may only use any such material and the documents in line with these Terms and Conditions and this paragraph specifically. If you do not use the materials in line with these Terms and Conditions and this paragraph specifically, you lose your right to use our platform, and must destroy or return any copies of documents you have made of it or any part of it. We reserve all our rights conferred to us by law to remedy any such breach.

OUR RESPONSIBILITY TO YOU

We do not guarantee the accuracy of material on our platform or the materials uploaded by our users, and you are responsible for the way you use its content.

We shall not limit or exclude our liability for:

We shall not be liable to you for any indirect, special or consequential loss or damage, including:

We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statute.

Although we try to make the platform available at all times, we do not warrant that your use of the platform will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions, errors or the transfer of data and you acknowledge that the platform may be subject to limitations, delays and other issues.

Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.

LINKS TO OUR SITE OR OTHER SITES

You are allowed to make a link to our platform's homepage from your website if the content on your platform meets the standards of our Acceptable Use Policy and provided you do not suggest any endorsement by us or association with us unless we provide agreement in writing. We reserve the right to end this permission at any time.

Links from our platform to other platforms are only for information. We do not accept any responsibility for other platforms, the accuracy of their content or any loss you may suffer from using and relying on them.

USE OF DATA

In the course of our operation we collect data from Clients and Agencies in line with our Privacy Policy. You accept that your personal data may be shared between Clients and Agencies for the sole purpose of facilitating the sale, purchase and fulfilment of orders on the platform.

Agencies agree to use Clients' information solely for the purpose of completing transactions and not store Client data subsequently or pass it on to third parties.

Please review our Privacy Policy in full for details on how your personal data is used.

Agencies that provide information about their services or products and make them available for sale through our platform shall be bound by our Terms and Conditions in addition to their own. Any representations and/or warranties regarding their products or services shall be solely binding upon them.

Where a dispute arises between, or out of Agencies' and Clients' activity on the platform, each party expressly agrees to waive any subsidiary or recourse claims against Brand Concierge and further agrees to hold Brand Concierge harmless from any claims that may be in any way connected with such dispute.

COMPUTER OFFENCES

If you do anything which is a criminal offence under the Computer Misuse Act 1990 (such as for example introducing viruses, worms, Trojans and other technologically harmful or damaging material) your right to use the platform will end immediately, we will report you to the relevant authorities and provide them with details of your identity.

You must not try to obtain access to our server or any connected database or make any 'attack' on the platform.

OUR AIM

Brand Concierge provides a platform for the primary purpose of enabling business owners (Clients) to interact and transact with agencies (Agencies) through the platform. Our aim is to enable Clients to hire Agencies in a way that is quick, easy, comparable and transparent. We turn agency services and media buying into pay-as-you-go. We intend to facilitate the rise of the next generation of brands who want and need the services of a great agency by opening doors to agencies for them.

Agencies must adhere to our Terms and Conditions and in addition have their own terms and conditions. Before making any purchase, Clients must read the Agency's terms & conditions on the Agency's profile page. When Agencies bid against a Brief or submit a proposal, they must include their terms and conditions as part of their bid or offer. By accepting the bid or proposal, a Client also accepts the Agency's terms and conditions.

OUR ROLE

We provide a platform for the primary purpose of enabling our users to interact and transact through the platform and its services or media.

When a Client purchases from an Agency, a legally binding contract is formed between these parties. For the avoidance of doubt, by accepting our Terms and Conditions, the Client will also be accepting the Agency's terms and conditions.

Brand Concierge is a marketplace, but more of a market network, as well a sophisticated project management/payment platform. We aim to incentivise Agencies to improve their network and offerings to potential clients by giving them the opportunity to invite other Agencies to collaborate and form Agency Alliances.

Brand Concierge is not party to the transaction and shall not bear any express or implied liabilities related to the Services sold on our platform. We do not possess, check or act as caretakers of any Services that are sold by Agencies at any time.

NO PARTNERSHIP OR AGENCY

Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.

USER TYPES AND PRIVELEGES

There are two primary Users on our platform: Clients and Agencies.

Clients and Agencies can interact and transact directly. Agencies can also interact with other Agencies to form Agency Alliances in order to provide a more complete Service offering to a Client. Super Connectors can interact directly with both Agencies and Clients through Roadmaps. Freelancers can interact only with agencies.

Clients: Clients can post a Brief on our platform that will include a description of the Services they require for their brand building campaign needs. Agencies may respond by submitting a proposal to the Client for the Brief. Clients can also approach Agencies directly to request that they submit their proposals against posted Briefs.

Agency: The term 'Agency' covers four types of platform users: a) Full service agencies that provide tailored Services/Media to clients. They are likely to also be referring agencies when they create Roadmaps and creating Alliances with supplying agencies as they use suppliers offline in client projects already, b) Niche agencies that provide a limited range of Services/Media to clients, or their income streams may be solely through other agencies. c) Freelancers d) and Super Connectors, who are adept at connecting right agencies with the right clients.

An agency must offer services in Marketing, Branding, PR or Advertising to be on the Brand Concierge platform. An agency must have a minimum of 2 people employed and ideally 5+.

Super Connector: A Super Connector is an agency connector that will have limited, but unique agency privileges on the Brand Concierge platform. Super Connectors will have a special status on Brand Concierge and only a lucky few will make it onto the Brand Concierge platform. Super Connectors will be able to curate and Post Roadmaps with Agency delivered Services and Media. All services and all media on a Super Connector's Roadmaps will be fulfilled/delivered by Agencies and Freelancers, thus every Posted Services or Media buy on a Super Connector's Roadmaps will require an Agency Alliance. A Super Connector cannot sell individual services to Clients at this time, if they are not sold off of a Roadmap as Agency Alliances and the referral commission payments are currently only recognised from Roadmaps. A Super Connector cannot post their own Services and Media. Only invited agencies can post services on a Super Connector's Roadmaps. A Super Connector can also add Services/Media to their Roadmaps by browsing our Browse Services feature. A Super Connector must be a verifiable trading business connecting brands and agencies and be able to provide references.

Freelancer: A Freelancer join the Brand Concierge platform to Post Services/Media, but as they will not be a verified Agency, their services will not be directly seen by potential Clients. Services/Media posted by a Freelancer will instead be seen by Agencies and Agencies can view and add those services to a Roadmap and offer those Services/Media to a Client to purchase. A Freelancer is bound by all the same terms and conditions an agency is bound to. A Freelancer can work directly with a Client as a supplier on a Roadmap if the referring agency marks their Agency Alliance relationship as 'Open.' If it is marked 'Cloaked,' then all deliverables and communication remains between the Agency and the Freelancer.

A Freelancer may only communicate directly with other Agencies or Super Connectors to form Agency Alliances on our platform, but will not be able communicate directly with a Client. This is because the Brand Concierge platform is a Market Network built to enable Agencies to grow their businesses and for Clients to work with top agencies around the globe.

LIMITATION OF LIABILITY

We do not represent or warrant that the information provided by Agencies about their products or services is accurate or complete. Brand Concierge shall not bear any direct or indirect liability for any damage or loss arising or relating to any use, continued use of any Services or products offered for sale or reliance on any advertisement displayed on the platform.

In no event shall Brand Concierge be held liable for online advertisements, editorial features or recommendations about particular products or services that may be suggested for particular purposes or expectations. No such representations or recommendations that may be displayed on Brand Concierge should serve as a substitute for professional advice.

You should not rely solely on the information presented on the platform. We recommend that you contact the Agency directly in case you have a specific concern or question regarding a product or service.

TERMINATION

We reserve the right to suspend or terminate your account if you are in breach of the Terms and Conditions without notice.

DISPUTES

Whilst we are not party to any transactions carried out on our site, we may try to help users resolve disputes.

Where a Client and Agency are unable to resolve a dispute resulting from a transaction that occurred on the site, they may resort to us by contacting us via email at concierge@brandconcierge.co

For the avoidance of doubt, we have no obligation to resolve disputes and will consider to do so in our sole discretion and based solely on our policies.

You release Brand Concierge (and our directors, officers, employees and representatives) from any and all claims, demands, damages, including consequential loss of every kind and nature arising out of or in any way connected with disputes between Agencies and Clients or external parties.

JURISDICTION

This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any matters arising in connection to this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

COMPLAINTS

If you have any questions or a complaint about the service provided by us please contact concierge@brandconcierge.co to make your complaint.

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