Terms of Use

Agreement to terms

These Terms of Use constitute a legally binding agreement between you and Brilliant Cascade Limited ("Company", "we", "us", or "our") concerning your access to and use of the brilliant-cascade.com website and any related services (collectively, the "Website").

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must not use our Website.

Changes to terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date at the top of this page. Your continued use of the Website following such changes constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of updates. Changes become effective immediately upon posting unless otherwise stated.

Acceptable use

You may use our Website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Website in any way that violates applicable national or international law or regulation
• Transmit or procure the sending of any advertising or promotional material without our prior written consent
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
• Use any robot, spider, or other automatic device or manual process to monitor or copy our Website without prior written permission
• Use any device, software, or routine that interferes with the proper working of the Website
• Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material
• Attempt to gain unauthorised access to any portion of the Website, other accounts, computer systems, or networks connected to the Website
• Attack the Website via a denial-of-service attack or distributed denial-of-service attack
• Otherwise attempt to interfere with the proper functioning of the Website

Intellectual property rights

Our content

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by Brilliant Cascade Limited, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Limited licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website strictly in accordance with these Terms. This licence does not include:

• Any resale or commercial use of the Website or its contents
• Collection and use of any product listings, descriptions, or prices
• Any derivative use of the Website or its contents
• Any downloading or copying of account information for the benefit of another merchant
• Any use of data mining, robots, or similar data gathering and extraction tools

This licence is revocable at any time without notice and with or without cause.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Brilliant Cascade Limited or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

User contributions

The Website may contain areas where you can submit comments, feedback, or other content (collectively, "User Contributions"). By providing User Contributions, you grant us the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose such content in connection with operating and promoting the Website.

You represent and warrant that:

• You own or control all rights to your User Contributions
• Your User Contributions do not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person
• Your User Contributions are not false, inaccurate, or misleading
• Your User Contributions do not violate any law, regulation, or these Terms

Prohibited uses

You may not access or use the Website for any purpose other than that for which we make it available. The Website may not be used in connection with any commercial endeavours except those specifically endorsed or approved by us.

Prohibited activities include but are not limited to:

• Systematically retrieving data or other content from the Website to create or compile a collection, compilation, database, or directory
• Making unauthorised use of the Website, including collecting usernames or email addresses by electronic or other means
• Using the Website to advertise or offer to sell goods and services
• Circumventing, disabling, or otherwise interfering with security-related features of the Website
• Engaging in unauthorised framing of or linking to the Website
• Tricking, defrauding, or misleading us and other users
• Making improper use of our support services or submitting false reports of abuse or misconduct
• Engaging in any automated use of the system without our express written permission
• Disparaging, tarnishing, or otherwise harming, in our opinion, us or the Website
• Using the Website in a manner inconsistent with any applicable laws or regulations

Information accuracy

We make reasonable efforts to ensure that information on the Website is accurate and up to date. However, we do not guarantee that all information is complete, accurate, current, or error-free.

Programme descriptions, pricing, and availability are subject to change without notice. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Links to other websites

The Website may contain links to third-party websites or services that are not owned or controlled by Brilliant Cascade Limited. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Disclaimer of warranties

Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind, either express or implied.

To the fullest extent permitted by law, Brilliant Cascade Limited disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Website will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The Website is free of viruses or other harmful components
• The results of using the Website will meet your requirements

Limitation of liability

To the fullest extent permitted by applicable law, in no event shall Brilliant Cascade Limited, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Website
• Any conduct or content of any third party on the Website
• Any content obtained from the Website
• Unauthorised access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Website, or one hundred pounds (£100), whichever is greater.

UK-specific provisions

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any matter in which it would be illegal for us to exclude or limit our liability

Indemnification

You agree to defend, indemnify, and hold harmless Brilliant Cascade Limited and its licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from:

• Your use of and access to the Website
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your User Contributions caused damage to a third party

This defence and indemnification obligation will survive these Terms and your use of the Website.

Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in London, England, and you irrevocably consent to personal jurisdiction and venue in such courts.

Dispute resolution

We prefer to resolve disputes amicably before resorting to formal proceedings. If you have a complaint or dispute, please contact us first at [email protected]. We will attempt to resolve the matter through good-faith negotiation.

If informal resolution is unsuccessful, either party may initiate formal proceedings in accordance with the governing law and jurisdiction provisions above.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorised representative of Brilliant Cascade Limited.

Entire agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and Brilliant Cascade Limited concerning your use of the Website.

Assignment

We may assign our rights and obligations under these Terms to any party at any time without notice to you. You may not assign your rights or obligations under these Terms without our prior written consent.

No partnership or agency

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Brilliant Cascade Limited. You have no authority to bind the Company in any manner whatsoever.

Force majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

Survival

All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Contact information

Questions about these Terms should be sent to us:

Email: [email protected]
Post: Brilliant Cascade Limited, 42 Tavistock Street, Covent Garden, London WC2E 7PB, United Kingdom
Company Number: 07823456

Service terms

These Terms of Use govern your use of the Website. Separate terms and conditions apply to our professional development services and are provided when you engage such services. Those service agreements include specific provisions regarding:

• Programme delivery and scope
• Payment terms and cancellation policies
• Intellectual property in programme materials
• Confidentiality obligations
• Liability provisions specific to service delivery

In the event of conflict between these Website Terms of Use and specific service agreements, the service agreement provisions shall prevail with respect to the services provided.