Terms & Conditions of Use of Website
v.1 (last updated February 2020)
Our website located at https://www.brickandsterling.com including any mobile application (the “Website”) is owned and operated by LIONLEASE Property Management Ltd, trading as Brick & Sterling, a company incorporated in England and Wales with company number 09075937 and with registered address 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom and its affiliates (collectively referred to as “Brick & Sterling”, “we”, “our” or “us”).
Please read these terms and conditions of use of the Website (these “Terms”) before using the Website. “You” and “your” when used in these Terms includes any person who accesses the Website or submits personal data via the Website. If there is any term within these Terms that you do not understand please discuss it with our customer services team at firstname.lastname@example.org before accepting these Terms and using our services.
You must be 18 years old or older to have a user account with us. Unless otherwise varied in writing between us and you, any services offered by us to you are on these Terms and these Terms apply to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
By accessing, browsing or otherwise using the Website by any means and via whatever device or registering your details with us to access certain areas of the Website or to receive our email communications, you agree to abide by the terms and conditions of these Terms.
If you fail to comply with these Terms, we may take action against you as explained below including banning you from the Website. If banned, you will not be able to use services you have paid for.
1 Changes to these Terms
We reserve the right to change these Terms at any time by posting revisions to this Website and we encourage you to read these Terms periodically to ensure that you are at all times fully aware of them. Any changes are effective immediately upon posting to this Website.
2 User Account
2.1 You will be required to set up an account with us (a “User Account”) if you wish to use our internship services, both free and paid for. In order to obtain a User Account, you are required to complete a registration process which will include filling in an online application form and may include submitting an application video and which may be followed by an online interview. You hereby represent and warrant to us that any and all information submitted to us in the course of the registration is accurate and true. You undertake to keep your registration information up to date.
2.2 You are responsible for maintaining the confidentiality of your User Account and password and for restricting access to your system and User Account. This includes keeping your User Account details secret such as your User Account ID and password and not allowing other users to use your User Account. You agree to notify us immediately if you have any reason to believe the security of your User Account has been compromised, including if you believe that your password has become known to anyone else or if your password is being, or is likely to be, used in an unauthorised manner. You must log off each time at the end of the session. We shall bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of these Terms.
2.3 You are responsible for all use of your User Account, including all purchases and online conduct (except where such use is directly due to our error). You may be liable for unauthorised usage of your User Account as a result of failing to keep your information secure. If you believe you have been a victim of crime in relation to the Website (including any fraudulent activity on your User Account) you should immediately contact our customer services team at email@example.com.
2.4 You acknowledge and agree that we shall be entitled to terminate or suspend your User Account at our sole discretion without any notice to you in the event of your breach of these Terms or without any reason. You understand that termination of your User Account may lead to blocking, deletion and limitation of your access to content, materials, information and files uploaded, shared, submitted and made available in association with your User Account, as well as access to some of our services and products.
3 Membership Tiers
3.1 Anyone with a valid User Account will be allocated a ‘Stage 1 Membership’ which is free and has the following benefits:
3.1.1 We will notify you of, and you have the right to apply for, internship projects with Brick & Sterling or Brick & Sterling acting on behalf of our clients and which relate to research, analysis, general business or marketing consulting (each an “Internship”).
3.1.2 You have the right to record any Internship on any paper or online resume or in your LinkedIn (or similar) online profile but only on the strict condition that your title is stated to be “Intern, Brick & Sterling, London”.
3.2 Anyone allocated a Stage 1 Membership will have the right at any time to apply to upgrade to a ‘Stage 2 Membership’ which is chargeable as set out in Clause 4 below and which has the following benefits:
3.2.1 We will notify you of, and you have the right to apply for, Internships.
3.2.2 We will provide basic guidance to improve your resume and will provide basic job interview guidance.
3.2.3 We will provide a reference confirming your Internship(s) (a “Brick & Sterling Reference”) subject to the restrictions set out in Clause 3.4.
3.2.4 You have the right to record any Internship on any paper or online resume or in your LinkedIn (or similar) online profile but only on the strict condition that your title is stated to be “Freelance Junior Consultant, Brick & Sterling, London” or “Ambassador, Brick & Sterling, London” as appropriate or as directed by us.
3.2.5 You will be eligible for a referral fee for any members you refer to us who apply for Stage 2 Membership, in such case we will pay you a referral fee of 10% of the annual membership fee paid by such member in their first year and less any bank transaction fees. It is recommended that you provide a UK bank account to receive a referral fee, however if you elect to receive a referral fee to an overseas bank and the overseas bank transaction fee exceeds the referral fee then no referral fee will be paid.
3.3 You are subject to the following terms and conditions with respect to any Internship you undertake with Brick & Sterling:
3.3.1 There is no obligation for Brick & Sterling to make available to you any Internship and you are under no obligation to apply for any Internship.
3.3.2 Any Internship is a volunteer activity by you and, as such, is understood to be outside of the United Kingdom National Minimum Wage legislation. You are not being offered employment at any time with Brick & Sterling or any of our clients and you are not entitled to any salary, bonus, pension or any fringe benefits from Brick & Sterling or any of our clients. We will not pay any out-of-pocket expenses incurred by you in connection with any Internship.
3.3.3 Each Internship will be provided remotely by you. You will have no fixed hours of work but you are expected to devote sufficient time to the Internship to complete any tasks or projects of such Internship and the time we would expect you to devote to any Internship will be disclosed to you at the time you agree to such Internship.
3.3.4 You will be allocated a Brick & Sterling supervisor to ensure the Internship is progressing as expected. You are required to give your supervisor as much notice as possible if you are unable to perform or complete any aspect of your Internship.
3.3.5 You are required to give us at least 7 days’ notice if you intend to terminate any Internship. Where practicable, we will give you at least 1 days’ notice if we decide to terminate any Internship for any reason in our absolute discretion.
3.3.6 In the course of your Internship, you may have access to confidential information both in paper and electronic form in relation to Brick & Sterling or our clients. You are not permitted to use this information for any purpose other than the Internship and you are not permitted to disclose this information to any person whether during your Internship or at any time afterwards. Breaches of confidentiality will cause us to terminate your Internship immediately and without notice. “Confidential Information” shall include, and shall be deemed to include, all information conveyed to you orally, in writing, by demonstration, or by other media that is stated to be, or should be reasonably treated as, confidential at the time of transmittal. Confidential Information may include, by way of example but without limitation, specific information relating to the business of Brick & Sterling or our clients such as prices, operations, processes, plans, intentions, data, know-how, trade secrets, business affairs, market opportunities, contracts and information relating to transactional procedures. However, Confidential Information shall not include information which can clearly be demonstrated to be generally known or available in the public domain.
3.3.7 You hereby waive all rights to be identified as the author of any work product in relation to any Internship. You hereby assign to Brick & Sterling all existing and future intellectual property rights in all work product arising from any Internship. You agree promptly to execute all documents and do all acts as may, in the opinion of Brick & Sterling, be necessary to give effect to this sub-clause 3.3.7. You irrevocably appoint Brick & Sterling to be your legal representative in your name and on your behalf to execute documents, use your name and do all things which are necessary or desirable for Brick & Sterling to obtain for ourselves or our nominee the full benefit of this sub-clause 3.3.7. A certificate in writing, signed by Brick & Sterling, that any instrument or act falls within the authority conferred by this sub-clause 3.3.7 shall be conclusive evidence that such is the case so far as any third party is concerned.
3.3.8 You hereby permit Brick & Sterling to use your name and likeness to advertise and promote any service or product offered by Brick & Sterling at any time you have a Stage 1 Membership or Stage 2 Membership and for 6 months after such membership has terminated.
3.3.9 If you terminate your relationship with us, or if we terminate our relationship with you, we reserve the right to request the removal of any reference to Brick & Sterling in any paper or online resume or in your LinkedIn (or similar) online profile and you hereby agree to such removal within 48 hours.
3.4 An issuance of a Brick & Sterling Reference is subject to the following terms and conditions:
3.4.1 The issuance of a Brick & Sterling Reference is at our absolute discretion and you have no right to receive a Brick & Sterling Reference.
3.4.2 You must have an active Stage 2 Membership for which there is no notice of termination by you.
3.4.3 We will issue a maximum of 3 Brick & Sterling References per month.
3.4.4 A Brick & Sterling Reference will only confirm the date of any Internships and will contain no assessment of your abilities, personality or any details of any specific projects you undertook.
3.5 We may in our absolute discretion suspend, cancel or terminate your membership at any time.
4.1 If you elect to upgrade to Stage 2 Membership, and we agree to upgrade you, then our services will be offered to you on a subscription basis with specific recurring subscription billing periods, as below:
4.1.1 The charge for the initial 1 year period will be £150 per annum, or £120 each if 2 or more people join at the same time, subject to the statutory 14-day cooling-off period. If for whatever reason we terminate your membership in this initial 1 year period, we will refund 50% of the membership fees in such remaining period. If you terminate your relationship with us in this initial 1 year period, then there shall be no refund.
4.1.2 After the initial 1 year period has expired, membership will automatically continue on a month-to-month basis at £12.50 per month unless terminated by you with 30 days’ notice. Monthly membership fees are not refundable under any circumstances.
4.2 If you decide not to renew your Stage 2 Membership at the end of the respective annual or monthly membership period, you will automatically be allocated Stage 1 Membership.
5 Use of the Website
5.1 We are the owner or the licensee of all intellectual property rights in the Website, the Content and the Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Website (including the Content and Trade Marks) for your personal and non-commercial use only. Where specified in the relevant part of the Website, the licence granted herein may be limited to a particular period of time and/or may be subject to additional terms and conditions.
• For the purposes of these Terms “Content” includes, but is not limited to, all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the Website from time to time (including, without limitation, anything made available for download) and “Trade Marks” means the trade marks, logos and service marks (whether or not registered) displayed on the Website.
5.2 While accessing, browsing and/or using the Website you must:
5.2.1 comply with all applicable laws, regulations and codes;
5.2.2 not impersonate another person or use a false name or email address;
5.2.3 not deep-link to and/or frame or use framing techniques to enclose the Website or any part of the Website without our prior written consent;
5.2.4 not modify or attempt to modify all or any part of the Content or the Website;
5.2.5 not gain or attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
5.2.6 not post, transmit, submit, refer to, make available or link to or from (or authorise or permit any other person to do the same) any material which:
(a) is untrue, fraudulent, inaccurate or incomplete; and/or
(b) is discriminatory, libellous, defamatory, obscene, threatening, menacing, offensive, harassing, abusive, causes annoyance, inconvenience or needless anxiety, is tortious, is in breach of confidence; and/or
(c) may constitute a criminal offense, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice; and/or
(d) interferes or violate the legal rights (such as rights of privacy and publicity) of others or violate other users of the Website; and/or
(e) violates, infringes or misappropriates any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commits a tort; and/or
(f) interferes with, disrupts, negatively affects or inhibits other users from using the Website or links on the Website or damages, disables, overburdens or impairs the functioning of the Website or our servers or any networks connected to any of our servers in any manner; and/or
(g) constitutes advertising (unless approved or otherwise authorised by us); and/or
(h) contains any virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other similar software or program or other harmful code, or which may otherwise impair or harm the Website or our computer systems or any third-party computer system, and we shall have sole discretion as to whether any such material is in breach of this sub-clause.
5.3 Except as set out in the limited licence set out herein (or as required under any applicable law), the Content, Trade Marks and/or any other part of the Website may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. You are not permitted to republish any part of the Website (including the Content) on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. If you require any further information on permitted use, or a licence to republish any part of the Website (or any Content), please email us at firstname.lastname@example.org. At any time and without giving you any advance notice, we may permanently or temporarily and for any reason:
5.3.1 terminate, suspend or deny your access to the Website (whether in whole or in part); and/or
5.3.2 terminate, suspend or deny your access to the email services, the registration areas of the Website and/or your password referred to in Clause 2 above; and/or
5.3.3 remove or edit any Content on the Website at any time, and in such circumstances all our liability and that of our directors, employees or other representatives for any loss whatsoever arising from our removing or editing Content and/or your limited use of or inability to use the Website (either in whole or in part), email services and/or password is excluded, insofar as it is possible to do so in law.
6 Maintenance or Closing the Website
We may take down the Website at any time for any duration and for any reason, including for investigation of any security incident and for carrying out system maintenance and upgrades.
7 Closing your Account
You may close your User Account by following the procedures set out in the Website. We may close your User Account if it has not been used for at least 12 months.
8 Data Protection, Privacy and Cookies
8.2 We reserve the right in our sole discretion to monitor and record (or engage a third party to monitor or record) any or all of your activity and to remove any materials that you share at our sole discretion, without further notice to you. This may include information such as the content of your voice and text communications, the time and location of your activities, and your name, your username/login ID and IP address. We may also receive information about your activity on the Website from other users. Any information collected in this way, may be used by us or our affiliated companies to enforce these terms of service, to comply with the law, to protect our rights and those of our licensors and users, and to protect the personal safety of our employees, contractors and users. This information may be passed to the police or other appropriate authorities. Please note that we cannot monitor all Website activity and we make no commitment to do so.
9 Third party links
The Website may contain hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third-party website or their content. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.
10 Advertising and sponsorship
Parts of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that materials submitted for inclusion on the Website comply with all legal and regulatory requirements and do not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue. We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
11 Promotions, competitions and prize draws
We may from time to time run competitions, free prize draws and/or other promotions on the Website. Any such competitions, prize draws, and/or other promotions will be subject to additional terms and conditions that will be made available to you at the relevant time.
12 Exclusions and limitations of liability
12.1 All information and/or data on the Website is provided on an “as is” basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Website or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
12.2 Neither we nor any of our data providers or affiliates gives any warranty or guarantee relating to availability of the Website or that the Website and/or our operation of it, the Content or the server that makes the Website available are error or virus free or free of other harmful components or that your use of the Website and/or the Content will be uninterrupted.
12.3 You agree that us, our directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:
12.3.1 interruption of business; or
12.3.2 access or other delays, terminations, suspensions, denials or access interruptions to the Website; or
12.3.3 data non-delivery, data mis-delivery, data corruption, destruction of data or other modification of data; or
12.3.4 third party website links on the Website; or
12.3.5 reliance on the information contained on the Website; or
12.3.6 computer viruses, system failures or malfunctions which may occur in connection with your use of the Website; or
12.3.7 any inaccuracies, omissions or misleading, false or deceptive statement in the Content; or
12.3.8 events beyond our reasonable control.
12.4 Notwithstanding any provision of these Terms, we do not exclude or limit our liability for:
12.4.1 death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
12.4.2 fraudulent misrepresentation; or
12.4.3 any liability which it is not lawful to exclude either now or in the future.
13.1 To the fullest extent permitted by applicable law, you shall indemnify, defend and hold harmless and reimburse us, including our subsidiaries, affiliates, directors, officers, employees, agents, representatives, and assignees and successors, against any and all claims, damages, losses, actions, demands, proceedings, expenses and/or liabilities filed (including without limitation all legal fees and expenses), incurred by us arising from or relating to:
13.1.1 any breach of these Terms by you; or
13.1.2 any performance by you of any Internship; or
13.1.3 your fault, negligence or breach of statutory duty; or
13.1.4 your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our suppliers.
14 Representations and warranties
By using the Website or any of our services you represent and warrant that you have read and understand these Terms and have the authority to enter into these Terms, to use the Website and our services and to carry out and perform your obligations under these Terms.
15 Force Majeure
We shall not be liable for failure to perform or comply with any of our obligations under these Terms if such failure is caused by the occurrence of any unforeseen contingency or circumstances beyond our reasonable control (a “Force Majeure Event”). For the purposes of these Terms, a Force Majeure Event shall include, but not be limited to, the following events: war (whether declared or undeclared), armed conflict, acts of terrorism, natural disasters or weather conditions, acts of governmental authorities or courts, industrial disputes affecting any third party, failures or fluctuations in electrical power or telecommunications service, failures or problems in regards to the internet or a part of the internet, hacker attacks, viruses or other malicious software attacks, and any other act that is beyond our reasonable control.
16.1 Any contractual or legal relationship between us and you will be concluded in English.
16.2 All notices shall be given by e-mail to us at email@example.com and to you at the e-mail you provide during the registration process. Notice will be deemed received 24 hours after such e-mail is sent.
16.3 Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
16.4 In the event that, following a breach of these Terms by you or under any other scenario, if we do not take action against you, or we fail to require or enforce strict performance of any provision of these Terms, such failure or decision shall not be considered a waiver of our rights to assert or rely upon any such provision or right. We shall still be entitled to assert or rely upon our rights and remedies in any other situation. Similarly, any express waiver by us of any rights or provisions of these Terms regarding any particular situation shall not constitute a waiver of its rights for other similar or future situations.
16.5 We may assign our rights and obligations under these Terms. Any licence granted herein is personal to you and may not be assigned, transferred or sub-licensed (in whole or in part) without our prior written consent.
16.6 If, and to the extent that, any of the provisions of these Terms are disallowed or found to be ineffective, invalid, unlawful or unenforceable by a court or regulator of competent jurisdiction, such provision shall to that extent be severed from the remaining provisions contained herein, which shall continue to be valid and applicable to the fullest extent permitted by law.
16.7 Except as otherwise provided herein, these Terms are intended solely for the benefit of you and us and are not intended to confer third-party beneficiary rights upon any other person or entity.
16.8 These Terms shall be governed and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this Clause 16.8. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, United Kingdom. The language to be used in the arbitral proceedings shall be English.
16.9 Any dispute arising out of or related to these Terms shall not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.