TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Who we are and how to contact us

http://www.brandsmiths.co.uk/, http://www.searchabrand.com/ and any other site with these first level domain names (the “Site”) are websites operated by Brandsmiths S.L. Limited ("we" and “us”). We are registered in England and Wales under company number 09308037 and have our registered office at Old Pump House, 19 Hooper Street, London, England, E1 8BU which is also our main trading
address Our VAT number is 214633335.

We are a law firm authorised by the Solicitors Regulatory Authority, SRA No: 620298.

To contact us, please email info@brandsmiths.co.uk or call us on +44 (0) 203 709 8957.

By using our Site you accept these terms

By using our Site or application, or any service made available by us through the Site (together referred to as the “Service"), you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Site.

We recommend that you print a copy of these terms for future reference.

Provided Service

Our Service allows users to view information relating to the provision of legal services, including marleting material, know how content and information about our legal services. Our service also allows users to search trademarks, social media accounts, domains, stores, articles and other information online, using a keyword search tool.

The Service contains material owned by us and is protected by Intellectual Property Rights. Intellectual Property Rights means rights such as copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual or industrial property rights of any kind whether registered (anywhere in the world) or not. Subject to these Terms, we give you a personal, non-exclusive, nontransferable, and revocable licence to use our Service.

The Service is completely free of charge, but any additional services, like contacting a lawyer are provided separately and may require payment of fees.

There are other terms that may apply to you

These terms of use refer our Privacy policy which you must also read before using the Site.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Site or Services, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 6 November 2018.

We may make changes to our Site and Services

We may update and change our Site from time to time to improve functionality, user experience and
general upgrading, as well as to meet our business needs.

We may suspend or withdraw our Site and Services

We do not guarantee that our Site or Services, or any content on it, will always be available or be
uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Site or
Services for business and operational reasons. We will try to give you reasonable notice of any
suspension or withdrawal where appropriate.

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

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 of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@brandsmiths.co.uk.

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.

Nothing in these terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to try to circumvent or delete any notices contained on the Site (including any Intellectual Property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

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.

Making Copies
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded inany way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

If you print off, copy or download any part of our Site in breach of these terms of use, 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.

Do not rely on information on this Site or Service

The content on our Site including:

• legal information or advice and know how contained within, in any format;

• information on our clients, work we have completed or employment histories ;

• results of searches conducted by the Service;

• the Risk Assessment Tool following a search;

• any suggestions made by the Name Generator following a search, or

• any other kind of searches, analyses, reports and results generated from use of our Service,

are provided for general information only and are not intended to constitute legal opinions or advice of any kind on which you should rely, including but not limited to, any advice on any aspect of trade marks, social media accounts, domains, stores or other information.

Any exploitation of or use of results from the Service are done so at your sole responsibility.

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site or Service.

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

We are not liable for errors, deficiencies or inaccuracies due to the Service

We are not and cannot be liable for any errors, deficiencies, or inaccuracies in any of the, pages, information, searches, analyses, reports or results generated or provided by the Service or the usability of the same or the results thereof.

The information provided by the Service for http://www.searchabrand.com/ is based solely on publicly available information from institutions like the European Union Intellectual Property Office, TM View, Wikipedia, social media platforms and services and proprietary database providers. We assume no responsibility for the correctness or completeness of these sources.

We provide no warranty as to the Site or Service

To the maximum extent possible under law, we provide no warranty of any kind, whether express or
implied, as to the performance, accuracy, availability, security, reliability or fitness for a particular purpose of the Site or Services.

We also accept no liability for the deletion of, or the failure to store or transmit any material or content and any other communications maintained in the Site or Service.

We are not responsible for websites we link to

The Site and Service may contain links to third party websites, advertisers, services, special offers, or
other events or activities that are not owned or controlled by us.

There may also be links to third party websites or features within the Service.

The Service may include third party content that we do not control, maintain or endorse.

We will not and cannot assume any responsibility for the content, privacy policies or practices of any third party content or websites or any of their content.

Any such third party links should not be interpreted as approval by us of those linked websites or
information you may obtain from them.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the Site. 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.
If you wish to complain about information and materials uploaded by other users please contact us on info@brandsmiths.co.uk

Our responsibility for loss or damage suffered by you

If you are either 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.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our Site, Service 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 Service; 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 and Service for domestic and private use. You agree not to use our Site or our Service 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.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

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 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 have obtained our written consent and 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.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales 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 of use, their subject matter and their formation (and any noncontractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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Claimsmiths is a trading name of Brandsmiths S.L. Limited which is authorised by the Solicitors Regulatory Authority, SRA No: 620298. Founding Partner: Adam Morallee
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