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Please contact us to set-up a LIST account and be kept informed of developments and activities around the tool.

LIST is available on an annual license basis at a cost of £1,500 plus VAT. Trial access to LIST is also available.

Please email enquiries@bregroup.com for more information.

Terms and Conditions of Use

DECEMBER 2013

BRE (“LIST”, “We”, “we” or “us”) is committed to providing an excellent user experience. In order to provide this website and our services to you, you agree to be legally bound by the following terms and conditions.

1 ACCESSING LIST’S SERVICES

1.1 Acceptance. Your access to the LIST website and tool and purchase of any product therefrom (including any international versions and any other service powered by LIST for third parties) via web, personal computer, mobile device, connected device or otherwise (collectively “the Services”) is expressly conditioned on your compliance with and acceptance of these terms and conditions. If you do not agree to be bound by these terms and conditions your only remedy is to cease accessing or using the Services.

1.2 Additional Applicable Terms. Services operated for third parties by BRE may also have additional terms to which you will be bound. It is your responsibility to read and understand any terms and conditions that apply to your use of websites and services.

1.3 Right to Amend Terms. BRE reserves the right, in its sole discretion, to change, modify, add, or delete portions of these terms and conditions at any time without further notice. If we do this, we will post the changes to these terms and conditions on this page and will indicate the effective date at the top. If you do not agree to (or cannot comply with) the terms and conditions as amended, your only remedy is to stop using the Services. You are responsible for regularly reviewing these terms and conditions so that you will be apprised of any changes. Your continued use of the Services after any such changes constitutes your acceptance of the new terms and conditions.

2 THE SERVICES

2.1 Services. LIST is an online tool which allows clients designers and specifiers to estimate and re-engineer embodied environmental impacts of loose equipment and furniture for retail, office and other environments. BRE may at any time limit the number of devices that you may access the Services from simultaneously. You assume all risk arising from your use of the Services. BRE may discontinue any aspect of the Services in its sole discretion without notice to you.

2.2 Intended Use Only. The Services are for the intended use only and may not be re-sold or re-licensed for commercial gain. LIST is not an environmental footprinting tool and will not generate Environmental Product Declarations or similar product-specific assessments of embodied impact. Unless covered by a separate agreement, users may not claim that a product modelled in LIST is in any way rated, endorsed, approved or certified by LIST or BRE.

2.3 Links. The Services may contain links to third party websites or services. You acknowledge and agree that LIST is not responsible or liable for: (i) the availability or accuracy of such websites or services; or (ii) the content, products, or services on or available from such websites or services. Links to such websites or services do not imply any endorsement by LIST of such websites or services or the content, products, or services available from them. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or services.

3 PRIVACY POLICY

3.1 BRE recognises that your privacy is very important and that it is your right to control your personal information. BRE understands that providing personal information is an act of trust and we take that trust seriously.

3.2 Personal Information. If you register for any of the Services you will be asked to provide basic personal information. The information is used solely for notifying you of changes or updates to the Services. BRE will never sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your consent unless: 1) we are required to by law; or 2) if it is necessary to provide the Services.

3.3 Communications from Us and Mailing Lists. To keep you informed about the operation of the Services, BRE may send service announcements to the email address you provided during registration. BRE may also allow you to choose whether to receive mailings from selected partners that may be of interest to you. Such lists are strictly optional and may be unsubscribed from at any time.

3.5 Payment Information. If you pay BRE for the Services, your payment information will only be used to check that it is a valid method of payment and to process your payment. No payment information is kept by BRE other than to facilitate the provision of the Services to you (for example, storing your credit or debit card number for quick payment). You will always be able to remove any such stored payment details.

3.7 Your Rights. If you are a registered user, you have certain rights under the 1998 Data Protection Act. You have the right to be told what personal information is held about you on our database. Should you wish to exercise that right, or if you have any questions concerning the LIST privacy policy, please write to: enquiries@bregroup.com.

3.8 Cookies. LIST uses a technology called “cookies” as part of our normal business procedure to enhance the user experience and to track patterns of behavior of visitors to the Services. A cookie is an element of data that a website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings. These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works. By using our website, you agree that we can place these types of cookies on your device.

3.9 Aggregated Information. To monitor and improve the performance of our technology, LIST captures other data about user equipment designs and associated embodied impacts. LIST also gathers information such as date, time, connection speed and IP address of all service users. This information is kept for our internal security audit log, aggregate trend analysis and system administration. LIST may use third party service providers to help track the activity and user flows within our service. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking. Such tracking would track an individual user’s movements but the data would not be tracked in a personally identifiable way. Such data would be stored and analysed on an aggregated basis solely for the purpose of internal analysis by LIST to improve the Service.

3.10 Security. BRE has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

4 USER ACCOUNT, PASSWORD AND SECURITY

4.1 Password Security. If a particular Service requires you to open an account you will complete a registration process by providing certain information and registering a username and password (“Credentials”) for use with that Service. You are responsible for maintaining the confidentiality of your Credentials. You are not authorised to share your Credentials with any other person. You may have a credit card or other payment method stored with BRE and if your Credentials are used by a third party (whether or not authorised) the third party will be able to make purchases with that payment method. You will be fully liable for any actions made with your Credentials. BRE advises you to change your password frequently and to always keep it secure.

4.2 Unauthorized Access. You agree to immediately notify us of any unauthorised use of your Credentials or any other breach of security. In no event will BRE be liable for any indirect or consequential loss or damage resulting from the disclosure of your Credentials. If you believe someone has accessed any Service using your Credentials without your authorisation, it is your responsibility to set up a new password or contact BRE’s customer services department to delete your account.

5 USAGE RULES

5.1 Use of Content. We cannot guarantee the accuracy, integrity or quality of any information, text, data, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”) and BRE will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

5.2 Access Rights Management. You acknowledge and understand that some of the Content may include a security framework using technology that protects digital information and limits your usage of the Content to certain usage rules established by LIST (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components.

5.4 Content Usage Rules.

(i) You are authorised to use the Content only for the intended use, and not for redistribution, transfer, assignment or sublicense, to the extent permitted by law.

(ii) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such software for any reason whatsoever.

(iii) The delivery of Content does not transfer to you any commercial or promotional use rights in same.

You agree that your purchase of Content constitutes your acceptance of and agreement to use such Content in accordance with the Usage Rules and the terms of any written agreement between you and us, and that any other use of the Content may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content. The Usage Rules shall govern your rights with respect to the Content. LIST reserves the right to modify the Usage Rules at any time.

5.6 Use of the Services. You agree not to:

(i) use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

(ii) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

(iii) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

(iv) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

(v) use any information, Content or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

(vi) make available or attempt to upload any files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;

(vii) collect or store personal information about others, including email addresses, log-in details or other credentials;

(viii) impersonate any person or entity for the purpose of misleading others;

(ix) violate any applicable laws or regulations;

(x) use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services;

(xi) attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining or any other means.

6 TERMINATION

6.1 BRE has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these terms and conditions. You agree that BRE shall not be liable to you or any third party for any termination of your access to the Services.

7 EQUIPMENT

7.1 Without limiting any provision herein, BRE makes no warranty that any particular computer, portable device, or other hardware will be compatible with LIST’s Services. It is your sole responsibility to ensure that your systems will function correctly with the Services.

8 INTERNATIONAL USE

8.1 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

8.2 Content may be restricted by territory. You agree not circumvent any territorial restrictions in place on the Services or any Content.

9 INTELLECTUAL PROPERTY RIGHTS

9.1 Intellectual Property. All intellectual property rights in and to the Services and its Content (including without limitation the website, design, text, graphics and all software and source codes connected with the Services) are owned, with full and complete title, by BRE. None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of BRE. This excludes the downloading, copying and/or printing of pages of the website as provided for as part of the intended use only.

9.2 Posted Material. BRE does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting LIST a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.

10 INDEMNITY

10.1 You agree to indemnify and hold BRE harmless from and against any breach by you of these terms and conditions and any claim or demand brought against BRE by any third party arising out of your use of the Services and/or any content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by BRE in consequence of your breach of these terms and conditions.

11 DISCLAIMERS AND LIMITATION OF LIABILITY

11.1 Use of the Services is at your own risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

11.2 To the extent permitted by law, BRE will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

11.3 BRE makes no warranty that the Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

11.4 Nothing in these terms and conditions shall be construed so as to exclude or limit the liability of BRE for death or personal injury as a result of the negligence of BRE.

11.5 Nothing in these terms and conditions shall affect your statutory rights as a consumer.

12 SEVERANCE

12.1 If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

13 GOVERNING LAW

13.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.

Provided by: BRE, Garston, Watford WD25 9XX