These are the Terms and Conditions for the use of the BizKit modelling platform which is owned and operated by BF Commercial Ltd (company no. 10150938), registered office; 100 Fetter Lane, London, EC4A 1BN. BF commercial Ltd is the trading subsidiary of The Brand Foundation (registered charity no. 1165700). BF Commercial Ltd, in these T&Cs, is referred to as ‘The Brand Foundation’.

1.      General

1.1.    These Services are made available to you on acceptance of the terms and conditions set forth below (the "Terms"), including the Brand Foundation Privacy Statement above. By accessing any part of the Website and/or Services you shall be deemed to have accepted these Terms in full. If you do not agree with any part of these Terms you should immediately cease using/attempting to access the Website and/or the Services.

1.2.    Please note the following additional definitions associated with the Services:

USER; a member of the public who has completed registration

SPONSORED USER; a user who is being sponsored by a corporate licensee

OWNER; the owner of an idea (there can only be one user as the owner for an idea)

PARTNER; a registered member of the owner’s team invited into a new business idea

CORPORATE LICENSEE; an organisation who has purchased a license for access to the Services

SPONSOR; an organisation who donates time, money and/or services to The Brand Foundation

1.3.    These Terms govern the use of the Website by visitors to it and those who register on it for the use of any of the Services available from time to time.

1.4.    The Brand Foundation reserve the right to modify or remove any part of these Terms at any given time. Any changes will come into effect after notification has been displayed on the Website. If you are unhappy with any changes to the Terms you must cease using the Website immediately. Continued use of the Website after notification of any changes has been made will be deemed as an acceptance of those changes.

1.5.    By using the Website you agree you will not attempt to take any action or use any software, device or routine (including but not limited to uploading or making available files containing corrupt data, viruses, virus, cancelbot, Trojan horse or worms) to damage, crash, delay, or otherwise interfere with the operation of the Website.

1.6.    These terms shall be governed by and construed in accordance with English Law and the courts of England shall have exclusive jurisdiction.

2.      Users

2.1.    For USER/s as termed in 1.2 above, the Services provided by The Brand Foundation through the website are free to use where the user is either the OWNER or a PARTNER. At no point will we ask a payment from you, nor seek any credit card or other payment details until you confirm you wish to upgrade your BizKit model to the enhanced BizTik Tablet/PC only system, whereupon we will ask you to pay the current enhanced BizTik modelling tariff which is illustrated on the Website.

2.2.    For SPONSORED USERS, when upgrading, you will be asked to select and confirm your sponsor’s token number that they will have provided for you when you are applying to upgrade your BizKit business model. Your sponsor will be charged the agreed contract price for the idea whether you complete the model or not. If a sponsored user appears as a partner on a user’s idea, the sponsor will be charged a model license for their inclusion on the team. If a sponsored user appears as a partner on another sponsored user’s idea with the same sponsor, they will not be charged an extra model license. If the owner is sponsored by a different sponsor, the sponsored user will be charged a model license for the partner to join the idea as they will then have access to the upgraded software.

2.3.    Registration: all USERs are able to register at the Website and by doing so you will be asked to acknowledge that you have accepted these Terms. You also agree that you have provided the Website with accurate registration information and it is your responsibility to update any changes to that information within your personal profile.

2.4.    It is expressly forbidden to register as an individual and use the Services on behalf of any corporate business or commercial entity unless you have agreed a ‘CORPORATE LICENSEE’ BizKit licence with BF Commercial Ltd, a wholly owned subsidiary of The Brand Foundation. To organise a commercial licence, please make contact with jerry.brand@brandfoundation.co.uk Failure to do this will leave you personally responsible for illegal use of our secure platform and you will be prosecuted accordingly. If you are an individual working on behalf of a corporate business who will then use the platform, or a corporate business or commercial entity of any kind trying to register, you should stop your registration now.

2.5.    Username and Password: each registration is for a single user only. On registering, USERs will be asked to provide their e-mail address and to create a password. The e-mail address and password then becomes the USERs’ login details needed to access their account on the Website. You must never share your user name and password with a third party. USERs are responsible for all uses of the Services provided by The Brand Foundation through the Website using your login details and for preventing any unauthorised use of your login details.

2.6.    Unauthorised use of your login details: if you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your login details, you must notify us immediately. If we reasonably believe that your login details are being used in any way which is not permitted by the Terms, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your login details until the issue has been resolved.

2.7.    Use of USER details: by registering on the Website it will be deemed that you accept the Terms. In addition, you understand and agree that The Brand Foundation may disclose certain information contained in your registration application as well as your answers to questions asked in the course of accessing the Services, to third parties relevant to The Brand Foundation’s charitable purpose. We will never provide your details to any organisation other than in pursuit of the Foundation’s charitable purpose and all such data shared will be anonymous.

3.      Licence

3.1.    The copyright and other intellectual property rights in all Services available on the Website, including but not limited to photographs and graphical images, the database, all software based products and services and the organisation and layout/workflow are owned by The Brand Foundation. Use of the Website does not give you any proprietary rights in such materials.

3.2.    The sole function of the Website is to provide information and the Services to the USERs. Once registered, you may use, print and download extracts from this site or emails you have received from us for these purposes only and on the following basis:

·     use of all material/or the content of emails you receive is for information purposes and non-commercial use only;

·     any copies of these pages saved to disk or to any other storage medium or device may only be used for subsequent viewing purposes or to print extracts for personal use;

·     no materials on the Website are modified in any way;

·     no graphics on the Website are used separately from accompanying text; and

·     Website copyright notice (© Brand Foundation) and this permission notice appear on all copies.

3.3.    No part of the Website or any emails you receive may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without The Brand Foundation’s prior written permission.

3.4.    Any rights not expressly granted in these Terms are reserved.

 4.      Site rules

 The Brand Foundation has rules regarding the use of the Website and Services. The purpose of these rules is to ensure that users who search the site bring up results which are presented as clearly and informatively as possible. By using the Website you agree that we may, at our discretion and without liability to you, remove from the Website any content which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.

The rules are:

·     No uploading of any content that is unlawful, harmful, threatening, abusive, harassing, libelous, and vulgar or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

·     No impersonation of any person or entity, including without limitation a Brand Foundation employee or agent or an authorised user of the Services, a user, a sponsored user, an owner, a partner, a corporate licensee, a sponsor, or otherwise misrepresenting your affiliation with any person or entity.

5.      Use of Brand Foundation Services

5.1.    Rights in the database: database rights and all other applicable copyright and intellectual property rights in the Services available belong to The Brand Foundation. By accepting these Terms you acknowledge you do not acquire any rights in the database or its content and that your retention and use of the database and its content is governed by these Terms.

5.2.    Use of the database: by using the Services accessible through the Website you agree to only use it to aid your completion of the intended Service. You agree to deal fairly and professionally with The Brand Foundation and to not do anything which may bring The Brand Foundation Services into disrepute.

5.3.    You will indemnify The Brand Foundation from and against any claim brought by any type of user against them arising from your breach of this obligation or any other of these Terms.

5.4.    You may not:

·        Copy or sell any material/s contained on the website or in any product and/or service offered from time to time to any other person or organisation.

·        Download any data, screen shots or other information contained on the website or in any product or service offered, through any automated means (e.g. print screen, scraping, screen grabs or snipping).

·        Use the information gathered from the website or in any product or service offered to contact any other users.

·        You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations.

6.      Service access

6.1.    Whilst The Brand Foundation shall use its reasonable endeavors to ensure that the Website is available 24 hours a day, The Brand Foundation will not be liable if for any reason the Website is unavailable at any time or for any period.

6.2.    Access to the Website may be suspended temporarily and without notice in a number of circumstances including but not limited to system failure, maintenance or repair or for reasons beyond the control of The Brand Foundation. We may, additionally, alter the design and specifications of the Website at any time.

7.      Liability

7.1.    The information contained on the Website, emails or the Services we provide the USERs with are intended to provide the opportunity to challenge your new business idea in line with academic learnings and financial forecasting. You should neither act, nor refrain from action, on the basis of any such information, which is for guidance only. You should take appropriate professional advice on your particular circumstances because the application of laws and regulations will vary depending on particular circumstances and because laws and regulations undergo frequent change.

7.2.    Whilst The Brand Foundation shall use its reasonable endeavors to ensure that the information on the Website and in emails is correct, The Brand Foundation shall not be liable for any errors, omissions or inaccuracy or any loss or damages (including, without limitation, damages for loss of business, data, revenue, savings or loss of profits or any special or consequential loss) arising in contract, tort or otherwise from the use of or inability to use the Website, or any information contained in it, or from any action or decision taken as a result of using the Website or any such information to the maximum extent permitted by applicable law.

7.3.    The Website or emails may contain support/sponsorship material submitted by third parties. Third parties are responsible for ensuring that material submitted for inclusion on the Website complies with international and national law. The Brand Foundation will not be responsible for any error, omission or inaccuracy in the material submitted by third parties and reserves the right to omit, suspend or change any material submitted. Any arrangements made between you and any third party named on the Website are at your sole risk and responsibility.

7.4.    The Services and any other information provided on the site by The Brand Foundation and third parties are intended to assist the USERs in the entrepreneurial business and/or learning process. Neither The Brand Foundation nor third parties can guarantee their suitability or prospects in any particular case. The USERs should obtain independent verification before relying on information provided on the Website or from the Services in circumstances which may result in loss or damage.

7.5.    The Brand Foundation does not accept any responsibility for the availability or content on any site to which a hypertext link from the Website or any Brand Foundation Services related email exists. The links are provided on an "as is" basis and The Brand Foundation makes no warranty, express or implied, for the information provided within them.

8.      Limitation of liability

8.1.    In any event, you agree our total liability to any user/s in respect of any Services, expect for death or personal injury caused by our negligence, is limited to £500.

9.      Privacy statement

The Brand Foundation uses the Microsoft Azure platform, SPA and SQL database technologies in order to enable you to model and forecast your business idea on our secure BizKit platform, as part of the Services. The objective is to allow you to model your idea through a setup/three year trading window free of charge using professional software. You or your registered sponsors will then be able to upgrade the software which will allow you to review different scenarios to professional credit risk levels. So you can see how the risks and opportunities that you will generate will support and also affect your funding requirements. In order to ensure that you and your authorised partner users of the system are the only people who can gain access to your information and data, we use industry standard encryption for access to the website.

9.1.    The Brand Foundation may collect and process personal information that is provided by registering on the Website, answering any questions and/or inputting any data within the Services provided.

9.2.    The Brand Foundation may also collect and process details of visits to the Website and resources accessed.

9.3.    The Brand Foundation will provide a secure online environment for you to challenge your business idea which will be accessible only to you and your chosen partners. Full help notes and wizards are available in the platform to enable you to complete the model. If you wish an authorised Brand Foundation person to assist you in completing the business idea model when in the upgraded BizTik system, you can make contact through the ‘Coach Chat’ alert button in the system. This will authorise access to your secure environment for an authorised Brand Foundation person in order to assist you.

9.4.    At no time will any Brand Foundation person ask you for any specific details of your business idea unless you want to discuss this with an authorised Brand Foundation person/s. You will be asked relevant questions relating to your business idea in order to setup the accounting requirements for the live forecast, but these are technical questions only, to allow for accurate reporting and the slight differences in accounting treatments within differing business sectors.

9.5.    Access to any personal information and any data that you provide through the course of any interface with The Brand Foundation’s Services will be restricted to authorised Brand Foundation personnel only. In the course of researching and/or receiving that data, if the information is associated with our Charitable Purpose (for the public benefit relating to the advancement of education and knowledge in the theory and practice of business), you accept that we may share the research results and outcomes with relevant educational bodies in relation to ongoing curriculum developments, on the basis that all aggregated data shared in this manner will be anonymous of any personal identity. We will also never share any personal data with commercial organisations unless you directly confirm this is OK to do (e.g. if you decide you want to make contact with any official sponsors to The Brand Foundation that are listed on the public website).

9.6.    By agreeing to these Terms, you give your consent to this information being processed and stored (by means of a computer database or otherwise) as described above, in return for providing you with access to the Services. You understand that The Brand Foundation will provide you with a software licence and secure data storage so that only your authorised partners and Brand Foundation personnel (for support purposes) will have any access to your business ideas.

9.7.    You equally provide confirmation that The Brand Foundation may market your idea as a case study on the Website to help encourage other budding entrepreneurs to come forward, challenge and model their ideas (so long as there are no security issues with any ideas that are top secret and have not been in the public domain at the date of the case study). We will always consult with you regarding this type of marketing and the content of the case study so that within reason you can influence editorial.