Terms of use

Effective Date: January 2nd, 2019

Welcome to the Brightpearl website!

BY ACCESSING OR USING THE WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS.

If you are accepting or agreeing to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that entity to the Terms.

IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.

  1. ABOUT THE TERMS

  2. ABOUT THE WEBSITE

  3. ACCOUNTS

  4. USER CONDUCT GUIDELINES

  5. INTELLECTUAL PROPERTY OWNERSHIP

  6. THIRD PARTY TERMS

  7. WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION

  8. GOVERNING LAW & DISPUTE RESOLUTION

  9. MISCELLANEOUS

  1. ABOUT THE TERMS

    1. Key Terms

As used in these Terms of Use:

  • Content” refers to any and all text, videos, audio, photos, information, source code and other content included, provided or made available on or through the Website.

  • Users” means any and all persons that access or use the Website.  References to “access” and/or “use” of the Website (and any variations thereof) include the acts of accessing or browsing the Website, and accessing or using the Services.

  • Website” refers to any website owned or operated by Brightpearl (including the website currently located at www.brightpearl.com).  References to the “Website” include any and all features, functionality, tools and Content available on or through each such website.

  • Brightpearl,” “we,” or “us” refer to Brightpearl, Inc., Brightpearl Ltd and our officers, directors, employees, contractors and agents.

    1. Website Rules

Your access to and use of the Website is governed by the terms and conditions of these Terms of Use, our Privacy Policy, currently located at www.brightpearl.com/privacy-policy (as described in more detail below), any and all other policies and rules referenced herein, posted on the website, or otherwise communicated to users (the “Website Rules”).

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY,  AND WEBSITE (COLLECTIVELY, THE “TERMS”) CAREFULLY.

Amendment of Terms

Brightpearl reserves the right to amend these Terms at any time. We will usually give you notice of any changes to these Terms (which won’t apply to you retrospectively) but this will not always be possible. By continuing to use the Website after we have posted an updated version of the Terms, you will be bound by them.

  1. ABOUT THE WEBSITE

    1. License to Use

Subject to your compliance with the Terms, Brightpearl grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by Brightpearl, in the manner permitted by the Terms.

    1. Modifications and Updates to the Website

Brightpearl reserves the right, in its sole discretion, to modify or discontinue offering the Website, in whole or in part, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you.  We also retain the right to impose limits on your use and storage of Website Content at our sole discretion at any time without prior notice to you.

You agree that Brightpearl has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.

    1. International Users

Brightpearl is based in the United Kingdom, and the Website is hosted in the United States,  and operated from the United Kingdom.  You are prohibited from accessing or using the Website from any territory where any of the Content, Services, or any of the features, functionality, tools, or promotions offered on or through the Website, is illegal.  If you access the Website from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.

  1. ACCOUNTS

While certain Content is publicly available, you must register for a User account before you are able to use any of the Services.  

  1. USER CONDUCT GUIDELINES

You must not misuse our Website 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 Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website in any way, including via methods such as a denial-of-service attack or a distributed denial-of service attack. Furthermore, you may not systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise without the prior written consent of Brightpearl. By breaching this provision, you are likely to be committing a criminal offence. In the event of such a breach, your right to use our Website will cease immediately. Except as permitted under these Terms, you must not extract or screen scrape any data or information from our Website, and bots or other automatic means must not be used to interact with our site.

  1. INTELLECTUAL PROPERTY OWNERSHIP

    1. The Website

We are the owner (or the licensee) of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any 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 Website must always be acknowledged.

If you print off, copy or download any part of our Website in breach of these terms, your right to use our Website will cease immediately.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Brightpearl or its licensors, except for the licenses and rights expressly granted in the Terms.  All rights not expressly granted to you by the Terms are hereby reserved.

Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Brightpearl (the “Brightpearl Marks”) are the property of Brightpearl, and that you are not permitted to use the Brightpearl Marks without our prior written consent.

    1. Feedback

We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”).  You may submit Feedback by e-mailing us, at marketing@brightpearl.com.  You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Brightpearl.  Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Brightpearl or its affiliates for any purpose whatsoever, including developing, improving and marketing products.  

    1. THIRD PARTY TERMS

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them, and we do not accept responsibility for your use of this links and resources.

We have no control over the contents of those sites or resources.

  1. DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION

    1. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, BRIGHTPEARL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.

    1. Limitation of Liability

WE EXCLUDE ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS THAT MAY APPLY TO OUR WEBSITE 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 USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.

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.

THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.  IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, BRIGHTPEARL’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).

    1. EXCLUSIONS

NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY.  ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION 6 THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW.

  1. GOVERNING LAW

The Terms shall be governed by and interpreted in accordance with the laws of the State of New York without regard to conflict of law principles.

  1. MISCELLANEOUS

    1. Privacy

Our collection and use of information about Users is governed by our Privacy Policy.  

8.2 Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by Brightpearl (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Website.  For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.

    1. Waiver

Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach.  The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of Brightpearl. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.

    1. Severability

Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

    1. Headings

The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.

    1.         Construction

In the Terms, unless the context requires otherwise: (i) ”herein,” “hereof,” “hereunder,” “hereto,” and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph or clause in which the term appears, (ii) ”or” connotes any combination of all or any of the items listed, and (iii) ”including” (and any of its derivative forms) means “including but not limited to.”


         Contact Us

If you have any questions or concerns, please contact Brightpearl at marketing@brightpearl.com.

You can also write to us at:

Brightpearl, Inc.

Suite 110, 211 E 7th Street, Austin, TX 78701

or

Brightpearl UK Ltd

First Floor, New Bond House, Bond Street, Bristol, BS2 9AG

    1. California Residents

Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:

Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to the above address or to marketing@brightpearl.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210.  Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.

Copyright ©2018 Brightpearl, Ltd.  All rights reserved.