TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

• What’s in these terms?

1. 1. These terms tell you the rules for using our website https://brushwell.org (“our site”).

• Who we are and how to contact us

1. 1. https://brushwell.org is a site operated by system two (“We“). We are registered in England and Wales under company number 06026359 and have our registered office at Crowts Farmhouse, Tuesley Lane, Godalming, Surrey, GU7 1UDOur main trading address is Crowts Farmhouse, Tuesley Lane, Godalming, Surrey, GU7 1UD
   2. To contact us, please email hello@brushwell.org

• By using our site you accept these terms

1. 1. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
   2. We recommend that you print a copy of these terms for future reference.

• There are other terms that may apply to you

1. 1. These terms of use refer to the following additional terms, which also apply to your use of our site:
      1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

• We may make changes to these terms

1. 1. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

• The goods/services described on our website

1. 1. Our website is a ‘beta’ version which is for testing purposes only. It is made available by us to ascertain and analyse market demand for the goods and/or services that feature on this website, namely electric vehicles on subscription.
   2. By filling out the form on this website you are registering your interest in becoming a beta tester. You are not purchasing, or offering to purchase, the goods and/or services that our site relates to, nor does our site constitute a contractual offer to provide any goods or services.
   3. The goods and/or services that feature on this website are at the developmental stage only and may never become commercially available. We are, therefore, in no way obliged to contact you about, or provide you with such goods and/or services.
   4. If the goods and/or services are commercially released, we AND/OR the vendors or providers of such goods and/or services will use reasonable efforts to notify you of such release and to advise you of any further details that may be relevant, for example modifications to the goods/services. In this respect, please also see the clause headed ‘OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU’.

• We may change, suspend or withdraw our site

1. 1. We may update and change our site from time to time to reflect changes to the goods and/or services featured, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
   2. Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
   3. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

• Our site is only for users in the UK

1. 1. Our site is directed to people residing in United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

• How you may use material on our site

1. 1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
   2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
   3. 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.
   4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
   5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
   6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

• Do not rely on information on this site

1. 1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
   2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

• ACCEPTABLE USE POLICY

1. 1. You may use the site only for lawful purposes. You may not use the site in any manner which:
      1. breaches any applicable local or national law;
      2. is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. we consider, in our absolute discretion, is harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethically offensive; or
      4. depicts sexually explicit images or promotes violence.
   2. You shall not, and shall not permit any person to:
      1. except to the extent expressly permitted under these terms, attempt to copy, modify, tamper with, duplicate, re-sell, create derivative works from, mirror, republish, download, display, transmit, or distribute all or any portion of our site in any form or media by any means;
      2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our site;
      3. remove any mark, logo, trade name, copyright notice and/or any other proprietary notice (as applicable) belonging to us from our site;
      4. access all or any part of our site in order to build a product or service which competes with our site;
      5. use our site to provide services to third parties;
      6. procure or assist in the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
      7. do or permit to be done any act or omission in relation to use of this site which does or may adversely materially affect our reputation, goodwill or image.

• Our responsibility for loss or damage suffered by you

1. 1. Whether you are a consumer or a business user:
      1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
      2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products and/or services to you, which will be set out in a separate agreement between you and us OR the vendors or providers of such goods and/or services, (the “Additional T&Cs”). Any of our obligations regarding any goods or service made available to you under any Additional T&Cs shall be governed solely by the Additional T&Cs.
   2. If you are a business user:
      1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
      2. 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:
         1. use of, or inability to use, our site; or
         2. use of or reliance on any content displayed on our site.
      3. In particular, we will not be liable for:
         1. loss of profits, sales, business, or revenue;
         2. business interruption;
         3. loss of anticipated savings;
         4. loss of business opportunity, goodwill or reputation; or
         5. any indirect or consequential loss or damage.
   3. If you are a consumer user:
      1. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
      2. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

• We are not responsible for viruses and you must not introduce them

1. 1. We do not guarantee that our site will be secure or free from bugs or viruses.
   2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
   3. You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

• linking to our site

1. 1. You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
   2. You must not establish a link to our site in any website that is not owned by you.
   3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms.
   4. If you wish to link to or make any use of content on our site other than that set out above, please contact hello@brushwell.org

• Which country’s laws apply to any disputes?

1. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
   1. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.