Sensible Branding

Website Terms and Conditions  |  Privacy Policy  |  Download and Purchase Terms and Conditions  |  Step Away From The Crayons Terms

 

Please Read These Terms of Use (“Terms”) Carefully Before Using This Website

This Website (“Site”) is provided by Sensible Branding and may be used for informational purposes only. By using the site or downloading materials from the Site, you agree to abide by the Terms set forth herein. If you do not agree to abide by these Terms, please do not use or view the Site or download materials from the Site.

Upon Sensible Branding’s belief that your conduct fails to conform with these Terms, Sensible Branding, in its sole discretion and without notice, reserves the right to block your access to this Site, to investigate and to involve and co-operate with the appropriate law enforcement authorities, and to pursue a civil action or criminal prosecution for any alleged or actual illegal activities involving this Site.

Limited License

Subject to the Terms set forth herein, Sensible Branding grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

Sensible Branding authorizes you to view and download the information (“Materials”) at this Site only for intent of use of services, qualifying our services for commercial, governmental and private use. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions:

1. you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
2. you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and
3. you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms.

You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all trademark, copyright and other laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Sensible Branding does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Permission to use, copy and distribute any content, documents and/or graphics obtained from this website, www.Sensible Branding.co.uk, is hereby granted, provided that this copyright notice, “© Sensible Branding. All rights reserved.”, clearly appears in all said documentation and graphics and that written permission is obtained prior to any use.

The names “Sensible Branding” and the Sensible Branding logo may not be used in advertising or publicity pertaining to distribution of this information without specific written permission. Sensible Branding makes no representations about the suitability of this information for any purpose. It is provided “as is” without express or implied warranty

Disclaimer

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SENSIBLE BRANDING DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SENSIBLE BRANDING RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SENSIBLE BRANDING MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Third Party Sites

As a convenience to you, Sensible Branding may provide, on this Site, links to Websites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Sensible Branding makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Sensible Branding or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Sensible Branding or any of its affiliates.

External Links to the Site

All links to the Site must be approved in writing by Sensible Branding, except that Sensible Branding consents to links in which:

1. the link is a text-only link containing only the name “Sensible Branding”;
2. the link “points” only to www.sensiblebranding.com and not to deeper pages;
3. the link, when activated by a user, displays the Site’s homepage in a full-screen and in a fully operable and navigable browser window and not within a “frame” on the linked website; and
4. the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Sensible Branding nor be such as to damage or dilute the goodwill associated with the name and trademarks of Sensible Branding or its affiliates.

Sensible Branding reserves the right to revoke this consent to link at any time in its sole discretion, without notice.

Information Provided By You

Any personally identifiable information you may provide to Sensible Branding via this Site is protected by the Privacy Policy associated with this Site. Sensible Branding does not want you to, and you should not, send any confidential or proprietary information to Sensible Branding via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Sensible Branding will not be considered confidential or proprietary. By providing any such information or materials to Sensible Branding, you grant to Sensible Branding an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Sensible Branding is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Sensible Branding. You further recognize that Sensible Branding does not want you to, and you warrant that you shall not, provide any information or materials to Sensible Branding that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Indemnity and Limitations of Damages

You shall indemnify and hold harmless Sensible Branding, its officers, directors, shareholders, subsidiaries, and employees from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site violates any applicable law or regulation, or the rights of any third party.

IN NO EVENT SHALL SENSIBLE BRANDING OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF SENSIBLE BRANDING IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes

Sensible Branding reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, without notice. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes.

Sensible Branding may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Sensible Branding may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Sensible Branding may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

International Users and Choice of Law

This Site is operated and administered from within the United Kingdom. If you access this Site from a location outside of the UK, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of England, without giving effect to its conflict of laws provisions.

These Terms constitute the entire agreement between Sensible Branding and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

 

Privacy Policy

Sensible Branding is committed to protecting any personal information that you may provide to us. Sensible Branding will not sell, distribute or share your personal information with any parties other than Sensible Branding entities and affiliates.

Information Collected

In general, you can visit this Site without telling us who you are or revealing any information about yourself. Our web servers may collect the domain names, not the e-mail addresses, of visitors. In addition, there are portions of this Site where we may need to collect personal information from you for a specific purpose, such as to provide you with certain information you request. The information collected from you may include your name, address, telephone, fax number, or e-mail address. You may refuse any request for personal information. This Site is not intended for persons under 18 years of age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children.

Use of Collected Information

Domain name information that we collect is not used to personally identify you. It is used to measure viewer statistics, such as the number of viewers that visit the Site, average time spent on the Site, pages viewed, etc. We use this information to measure the use of our Site and to improve the content of our Site.

When other information is collected from you, such as your name and e-mail address, Sensible Branding will make reasonable efforts to let you know at the time of collection how this information will be used. Usually, the personal information you provide will only be used to respond to an inquiry you make or to process your request. This information may be shared with other Sensible Branding businesses, but only if necessary to fulfill your request or for related purposes.

Sensible Branding does not share, sell, or lease personal information about you to any third-parties for their marketing use. Sensible Branding will release information about you if you direct Sensible Branding to do so, if Sensible Branding is required by law to do so, or in other legally limited circumstances.

If you register with Sensible Branding on-line, they may use your information to provide you with custom information about Sensible Branding’s offerings in support of your business needs.

Links to Other Sites

Sensible Branding’s Site may contain links to other sites such as Sensible Branding affiliates. While Sensible Branding makes reasonable efforts to try to link only to sites that share Sensible Branding’s high standards and respect for privacy, Sensible Branding is not responsible for the content, security, or privacy practices employed by other sites.

Security of Collected Information

Sensible Branding maintains strict physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. Sensible Branding restricts access to information about you to those Sensible Branding employees who need to know the information to respond to your inquiry or request. Employees who misuse personal information are subject to disciplinary action.

Access to Collected Information

You may review and update the information that you provide to Sensible Branding through this Site by contacting us as described below.

Contacting Us

If you have any questions about this privacy policy, please use the Contact page. Sensible Branding welcomes your questions and suggestions about this privacy policy or any other matter.

Changes to this Policy

Please check this privacy policy periodically to inform yourself of any changes. Although Sensible Branding reserves the right to modify or supplement this privacy policy, Sensible Branding will provide notice to you on this Site of any major changes for at least 30 days following the change.

 

 

Please read these terms of use carefully before downloading content.

By using the Sensible Branding website or downloading Materials from the website, you agree to abide by the terms set forth herein. If you do not agree to abide by these terms, please do not use or download Materials from the website.

Upon Sensible Branding’s belief that your conduct fails to conform with these terms, Sensible Branding, in its sole discretion and without notice, reserves the right to block your access to this website, to investigate and to involve and co-operate with the appropriate law enforcement authorities, and to pursue a civil action or criminal prosecution for any alleged or actual illegal activities involving this website.

1. Definitions and Interpretation

This document defines the general terms (and provides additional explanation to clarify and amplify those terms) that shall apply to all purchase agreements involving Sensible Branding. These clauses are incorporated into and form an integral part of the agreement.

• 1.1  Sensible Branding is a trading name of Twentyfive Creative LLP, a company registered in England number OC328699, whose registered office is at: The Opus, Telford Way, Waterwells Business Park, Quedgeley, Gloucester GL2 2AB.
• 1.2  Materials means those supplied by, and purchased from, the Sensible Branding website in the form of the ‘Brandtest’, ‘Brandarticles’, ‘HowTo guides’, ‘Brandnews’ or any other materials available and authorized by Sensible Branding to download from the website.
• 1.3  Agreement means the agreement of supply between the Client and Sensible Branding consisting of the Materials, these Terms and Conditions and any other documents (or parts thereof) specified in the terms.
• 1.4  Client means the purchasing party with whom an agreement of supply exists.

2. Statement of Professional Standards

• 2.1  Sensible Branding will conduct its business in accordance with professional standards.
• 2.2  In particular, we operate by ethical principles regarding ‘high standards of service to the Client’ and ‘independence, objectivity and integrity.’

3. Limited License

Subject to the terms set forth herein, Sensible Branding grants the Client a non-exclusive, non-transferable, limited right to access and use the Materials on the website. Sensible Branding authorizes the Client to view and download the Materials only for intent of use of services, qualifying our services for commercial, governmental and private use. This authorization is not a transfer of title of the Materials, or copies of the Materials, and is subject to the following restrictions:

• 3.1  The Client must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials.
• 3.2  The Client may not modify the Materials (unless expressly allowed by Sensible Branding as part of the purchase) in any way and reproduce or publicly display, or distribute or otherwise use modified Materials for any public or commercial purpose.
• 3.3  The Client must not transfer the Materials to any other person or company or any other legal entity.
• 3.4  The Client agrees to abide by all additional restrictions displayed on the website as it may be updated from time to time. This website, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. The Client agrees to comply with all trademark, copyright and other laws worldwide in the use of this website and to prevent any unauthorized copying of the Materials.
• 3.5  Except as expressly provided herein, Sensible Branding does not grant any express or implied right to the Client under any patents, trademarks, copyrights or trade secret information.
• 3.6  The Client must always seek permission in writing before copying, distributing or publishing (in any medium), any content and/or graphics obtained from the website, www.sensiblebranding.com. Any agreement with the Client to allow such use will carry the caveat that this copyright notice, “© sensiblebranding 2010. All rights reserved.”, clearly appears in all said documentation.
• 3.7  The names “Sensible Branding” and the Sensible Branding logo may not be used in advertising or publicity pertaining to distribution of this information without specific written permission.

4. Confidentiality

• 4.1  Sensible Branding agrees to hold all information provided by the Client confidential where the Client so specifies, save where such information is known to Sensible Branding already, or exists already in the public domain, until, either the information enters the public domain, or Sensible Branding is given the same information by a third party, or is released from its confidentiality requirement by the Client, or the Client is found in breach of the Agreement with Sensible Branding by a court of law, or three years have elapsed; whichever is sooner.
• 4.2  Sensible Branding maintains strict physical, electronic, and administrative safeguards to protect the Clients personal information from unauthorized or inappropriate access. Please see our Privacy Policy for full details.

5. Publicity

• 5.1  Sensible Branding shall have the right, without further reference to the Client, to publicise the fact that the Client is, or was, a Client and to utilise the Client’s name in publicity materials in this respect. Sensible Branding may also describe in general terms the type of work conducted for the Client, but shall not be permitted to link the two without the prior permission of the Client.

6. Third Party Websites

• 6.1  As a convenience to the Client, Sensible Branding may provide, on this website, links to websites operated by other entities. If the Client uses these websites, they will leave the Sensible Branding website. If the Client decidesto visit any linked website, they do so at their own risk and it is the Clients responsibility to take all protective measures to guard against viruses or other destructive elements. Sensible Branding makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon, or any of the products or services described thereon. Links do not imply that Sensible Branding sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through thelinks, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Sensible Branding or any of its affiliates.

7. Errors and Omissions

• 7.1  The Materials supplied may contain inaccuracies and typographical errors. Sensible Branding does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information. The Client acknowledges that any reliance on any such opinion, advice, statement, memorandum, or information shall be at the Client’s sole risk. Sensible Branding reserves the right, in its sole discretion, to correct any errors or omissions in any of the Materials. Sensible Branding may make any other changes to the Materials and the products, services or prices (if any) described in the website at any time without notice. The information and Materials on the website are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, noninfringement, or fitness for any particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply.

8. Liability for Advice Given

• 8.1  Sensible Branding provides information, advice and services in good faith based upon information available at the time. Sensible Branding does not warrant the accuracy of information provided. It is for the Client to decide whether or not to accept Sensible Branding’s advice in making their own management decisions. Sensible Branding advises that any data critical to a decision should be independently verified prior to being acted upon. Therefore Sensible Branding accepts no liability for the consequences of its information, opinions, and advice, whether direct or indirect.

9. Limitation of Liability

• 9.1  Without prejudice to other more restrictive limitations elsewhere in this Agreement, liability on the part of Sensible Branding is limited to the value of the Agreement with the Client or the value of the loss whichever is the smaller.

10 Offers

• 10.1 Sensible Branding Cashback Referral Offer
  • 10.1.1 Once the Client (A) has completed the ‘brandtest’ they will receive a ‘referral’ code from Sensible Branding that could entitle them to £25 cashback. In order to qualify for this offer, the Client (A) must:
    • (i)   recommend the brandtest to another company (B), and
    • (ii)  pass their referral code to that company (B), and
    • (iii) that company (B) then goes on to purchase the ‘Brandtest’ themselves from Sensible Branding, quoting the referral code supplied to them by the Client (A), and
    • (iv)  that company (B) inserts the referral code on page 1 of the ‘Brandtest’. If the referral code is not inserted then Sensible Branding will not pay the £25 cashback to the Client (A).
  • The Client (A) may recommend the ‘Brandtest’ to as many companies as they wish, and will receive £25 cashback each time, providing the above conditions are satisfied.
• 10.2 Once the Client has completed the ‘Brandtest’ they will receive a unique ‘identifier’ code from Sensible Branding. The code will give the Client access to any (or all) offers available on an ongoing basis, but subject to the end dates shown on the offers. The unique ‘identifier’ code may only be used by the Client to access available offers and must not be passed to any third party.
  • 10.2.1 Other Sensible Branding Offers
    Offers are subject to Sensible Branding’s terms and conditions. Offers will only be available until the end date displayed on the offer and are subject to change without notice and at Sensible Branding’s discretion.
  • 10.2.2 Contributor and Partner Offers
    These offers are subject to various terms and conditions by Sensible Branding’s Contributors and Partners, and Sensible Branding makes no guarantees about any company or any offer they make. Offers will only be available until the end date displayed on the offer and are subject to change by the Contributor or Partner without notice and at their own discretion.

11. Refunds

• 11.1  Once the Client has completed the purchase transaction on the Sensible Branding website, they will be forwarded, by email, a link to where the downloaded Material can be transferred. Once this link is activated there is no recourse to a refund. It is the Client’s responsibility to download the Material within the given time. In cases of technical inability to download the Materials, the Client must contact Sensible Branding within three working days to gain assistance.

12. Illegal Activities

• 12.1  Sensible Branding will not carry out any illegal activities on behalf of the Client. Any requirement in this respect will nullify the Agreement.
• 12.2  The Client agrees not to make any illegal use of any information provided by Sensible Branding.
• 12.3  Neither party shall be liable to the other for any indirect, special or consequential damages.

13. Force Majeure

• 13.1  Whilst Sensible Branding agrees to use its best endeavours to perform the Agreement for the Client as specified, Sensible Branding will not be responsible for any delays or failure to complete the Agreement which are beyond Sensible Branding’s control and which could not have been reasonably predicted.
• 13.2  Where the delay caused by third party events outside either party’s control or influence causes such delay that the purpose of the Agreement is wholly or significantly destroyed, either party shall be entitled in these circumstances to cancel the remaining portion of the Agreement.

14. Jurisdiction

• 14.1  Any disputes or claims shall be governed by and construed in accordance with English law and the jurisdiction of the English courts.

15. Arbitration

• 15.1  All disputes, differences or questions between the parties to the Agreement with respect to any matter or thing arising out of, or relating to, the Agreement and except to the extent to which special provision for arbitration is made elsewhere to the Agreement, shall be referred to the arbitration of two persons one to be appointed by the Client and one by Sensible Branding in accordance with the provisions of the prevailing Arbitration Act or any statutory modification or re-enactment thereof. The parties agree that the powers to order relief on a provisional basis under Section 39 of the Arbitration Act 1996 shall apply.
• 15.2  Both parties also agree that all disputes arising with respect to the Agreement will be arbitrated upon within the English legal system.

16. Waiver

• 16.1  The failure by either party to enforce at any time or for any period any one or more of the terms and conditions of the Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of the Agreement.

 

 

Step away from the crayons

Purchase terms and conditions

 

1. Payment

PayPal: This is a secure payment method and ensures your order will be dealt with promptly.

Cheque: We will accept cheques. Please note that goods will not be dispatched until confirmation of cleared funds has been received.

2. Business Hours

Our normal business hours are 9.00am to 5.00pm GMT, Monday to Friday.

Any enquiries over the weekend or Bank Holidays will be dealt with on the next working day.

3. UK Delivery

Goods purchased within the UK are normally dispatched via Royal Mail. Costs are for first class postage for a single item. Any additional items will incur extra cost and can be quoted as required. Goods will be dispatched within two working days following cleared payment.

4. UK Returns Policy

Books are supplied with a 30 days satisfaction guarantee as standard. If, for any reason, you are unhappy with your purchase you may return it to us within 30 days of dispatch your order and we will refund your money.

Conditions:

• 1.  Books must be unused. Returns must not be damaged or incomplete.
• 2.  Books must be in their original packaging and condition as supplied (with any seals and shrink-wrap intact).
• 3.  Books must be received by us within 30 days from the day your order was dispatched.
• 4.  Goods damaged in transit must be reported within 3 days of receipt. Please note that we reserve the right to send back items to you that have been returned to us after 30 days. We reserve the right to refuse returns or to charge you our fees and expenses if the book is received otherwise than in accordance with this requirement. Any unclaimed packages which are returned to us via Royal Mail will be subject to reshipping charges at the original delivery value. This returns policy does not affect your statutory rights.
• 5.  Overseas Delivery
  Goods purchased outside the UK are normally dispatched via Royal Mail ‘surface mail small packets’ or ‘air mail small packets’ as standard. Costs and delivery times may vary fromtime to time depending on location, and are for a single item. Any additional items will incur extra cost and can be quoted as required. Goods will be dispatched within two working days following cleared payment.
• 6.  Overseas Returns Policy
  Please contact Sensible Branding on +44 (0)1452 589927.
• 7.  Postage Rates
  Costs are for a single item:

  UK
  Delivery service	Delivery time	Cost
  First class mail	1-2 days	£2.75

   

  Europe and the Rest of the World including USA and Australia
  Country	Delivery service	Delivery time	Cost
  Europe	Surface mail packet	From 14 days	£4.41
  	Air mail packet	From 3 days	£7.75
  RoW	Surface mail packet	From 56 days	£4.33
  	Air mail packet	From 5 days	£7.75

   

  For alternative delivery service or cost, please contact Sensible Branding to discuss your requirements.

Last revised: November 2010