Welcome to Openbrolly‘s legal hub, where transparency and compliance are paramount. Below, you’ll find essential documents such as our Terms and Conditions, Terms of Service, and GDPR Statement. These documents outline your rights, responsibilities, and our commitment to protecting your data and privacy. Please review them carefully to ensure a clear understanding of our policies and agreements. If you have any questions or concerns, don’t hesitate to contact us.

TERMS AND CONDITIONS OF TRADE 

AS AT 28/02/24

  • Introduction and definitions 

  1. These terms and conditions (“Conditions”) shall govern the agreement between Strategic Integration Limited (“us” or “we”) and the individual or organisation applying for the provision of the Goods or Services (“you”).
  2. Openbrolly may update these terms and conditions from time to time, Notifications of any amendments will be sent to clients. 
  3. Our registered office and correspondence address is 5a South Charlotte Street, Edinburgh EH2 4AN, United Kingdom.
  4. You can contact us by email on support@openbrolly.com or telephone +44 3333 443563. 
  5. We explain in the headings what each clause covers. These headings are for guidance only and are not intended to be legally binding. 
  6. These Conditions take precedence if inconsistent with other material issued by us. 
  7. The following have particular meanings in these Conditions: 

“Consulting Services” means the consulting, advisory and bespoke development services which we agree to provide to you.

“Data” includes information, documents, text, software, music, sound, photography, messages, and other material of any kind in any form.

“Goods” means the goods which we agree to sell to you.

“Internet” means the global data network comprising interconnected networks to which we are connected, including cloud server capacity leased from Amazon Web Services.

“Personal Data” means Data about any identified or identifiable living person.

“Registry” means either Nominet UK Limited, Central NIC Limited or Tucows Inc, or any other domain names registry that we choose to use from time to time.

“Services” means the web-system and related services which we agree to provide to you.

“Website” means our web presence at openbrolly.com and other locations we advertise from time to time.

“User Content” is information, data and files entered by you or users of the Service. 

2. Changes to these Conditions 

  1. We reserve the right, on giving prior notice on the Website, to alter these Conditions at any time. The latest version will always be available on our Website and clients should check these. 
  2. Any renewal of the Services or Consulting Services will in any event be subject to our then current Conditions. 

3. Security 

 You must: 

  • Keep your username and password secure 
  • Take reasonable steps in respect of matters in your control to minimize any risk of security breaches in connection with the Services
  • Notify us of any unauthorised access to your account which you believe may affect the overall security of our systems
  • Comply with our security checks. 

4. Services

  1. We will supply the Services with reasonable skill and care. 
  2. However, we do not guarantee that the Services will be uninterrupted or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. 
  3. In the unlikely event that Openbrolly services are unavailable due to failure in Openbrolly systems for more than 48 consecutive hours we will agree with the client a pro rata deduction of their annual fee. Where the service is unavailable to the client due to the client’s own connectivity or equipment or a failure in Internet communication services Openbrolly will have no liability.
  4. We may have to suspend the Services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible. We will give at least 48 hours notice (via email) of planned maintenance unless more urgent action is required to avoid / remedy a major security issue or system failure.

5. Consulting Services 

  1. We undertake to provide the Consulting Services using suitably qualified and experienced personnel. It is intended that the nominated consultants be used, where relevant, but we reserve the right to substitute other suitably qualified and experienced personnel and will notify the client of any such substitution.
  2. You will, at your own cost, provide us with: 
  • Reasonable office accommodation while working at your premises with ancillary administrative facilities to enable us to perform our services efficiently; 
  • Reasonable access to one suitably qualified member of your staff nominated and authorised to act as day to day liaison with us and access to such additional members of the Client’s staff as we may require to perform our services;
  • All material and information necessary for the timely performance of the Consulting Services as agreed between the parties.
  1. Any agreed dates would be of the essence. Any agreed dates shall in any event be extended as appropriate to take account of any failure by you to comply with your responsibilities hereunder. When a fault has been recorded we will investigate and fix as quickly as possible.

6.  Your obligations 

  1. You must comply with our reasonable instructions and requests concerning the Consulting Services / Services.
  1. You must provide us with up to date contact details of one named representative with whom we are authorised to deal (including email addresses) and promptly notify us of any changes. We rely on this information for various reasons including the transmission of renewal notices and other important information concerning the Services.
  1. You are responsible for all persons who use your username and password to access the Services, whether authorised or not, unless acting on our behalf.
  2. On termination of the Consulting Services / Services we may delete data stored with us. You should therefore ask in advance for a copy of any information you wish to save or export. Please note that there may be a charge for this.

7. Restrictions 

  1. You must refrain from transferring any illegal material or engage in unlawful activities via your use of the Services
  1. You must refrain from sending menacing, offensive, defamatory, obscene, indecent or abusive messages whilst using the Services.
  1. You must not use or permit the usage of the Services in a manner that is inconsistent with any and all applicable laws and regulations.
  1. You must have in place reasonable systems and procedures available that prevent the upload in your Data, via your use of the Services, material that may contain a virus, worm, trojan or other malicious material.
  1. You must not use the Services to send bulk unsolicited commercial emails.
  1. You warrant that your use of the Services will not infringe any third party intellectual property or other rights.
  1. You must not embark on any course of action, whether by use of your website or any other means, which may cause a disproportionate level of activity without providing us at least seven day’s prior notice in writing. If you give notice or we otherwise become aware of such disproportionate use we may:
  • move your service to a dedicated server and charge our then current rate; or 
  • terminate some or all of the Services forthwith.

8. User Content 

  1. You bear sole responsibility for all User Content. We do not, and are not obliged to, check User Content. Our rights to remove and take other steps in relation to Data are without prejudice to this sub-clause.
  2. GDPR 

9. Domain Name Registration 

  1. You are bound by all present and future applicable terms and conditions of the relevant Registry.
  1. You hereby grant us the authority to act as your agent in relation to the registration of your domain name with a Registry. Account details can be shared during and at termination upon request.
  1. Domain names that are not renewed may be canceled.
  1. With respect to renewal of domain names, we will:
  • use our reasonable endeavors to renew domain names which by the renewal date you have specifically asked us in writing to renew.
  • There is no charge for the transfer of your domain name to another internet service provider. However, you agree that we do not have to transfer your domain names to a new internet service provider until you have paid all outstanding debts to us.

10. Bespoke Software Warranty

  1. We warrant that the Software will perform substantially in accordance with the agreed Specification on the Specified Equipment, minor interruptions and errors excluded.
  2. Any defects must be notified to us within 60 days of the software being supplied to the Client. Any defects notified after this period will be resolved at our normal commercial day rate.

11. Data 

  1. We may access, copy, preserve, disclose, remove, suspend or delete any data:
  • if we are required to do so by applicable law or competent authority; or for the purposes of registration of domain names with a registry; or if it is otherwise permitted under these conditions; or if such data is prohibited under these conditions.

12. Personal Data 

  1. We will process your Personal Data in compliance with the Data Protection Act and other relevant regulations.
  2. You consent to such processing and confirm that, should you store Personal Data in any systems provided by us, you do so in compliance with the Data Protection Act and other relevant regulations and will continue to do so in the future.

13. Risk, Title and Ownership 

  1. Risk shall pass to you on delivery of Goods, but the Goods shall remain our property until such time as full payment has been received.
  2. You retain all rights and ownership over User Content.
  3. Other than User Content and Goods, all Content and all software created for our Services, and all materials produced by us remains our property and all rights to such Content, software and materials is reserved. Our Services are offered on a limited, revocable, non-exclusive and non-sub-licensable basis. 

14. Limitation of Liability 

  1. Nothing in these Conditions in any way excludes or restricts our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted. It does not affect consumers’ statutory rights.
  1. Our liability in contract, tort (including negligence) or otherwise in connection with these Conditions for any one event or a series of events is limited to the price of the Goods, or 125% of the payment we received from you for the Services in the 12 months before the event(s) complained of.
  1. In no event (including our own negligence), and even if we have been advised of the possibility of such losses, will we be liable for any:
  • economic loss (including, without limitation, loss of revenue, profit, contract, business or anticipated savings);
  • loss of goodwill or reputation;
  • special, indirect or consequential loss; or
  • damage to or loss of Data.
  1. We have no liability for goods and services provided by third parties.
  2. To the extent allowed by law, we exclude all conditions, terms, representations and warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in these Conditions including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose. Consumers’ statutory rights are unaffected.

15. Indemnity 

  1. You will indemnify us against all claims, damages, liabilities, costs (including reasonable legal fees) directly or indirectly related to your registration of or use of your domain names, the use of the Goods, your use of the Consulting Services or Services or breach by you of these Conditions.

16. Payment 

  1. You must pay the fees (together with VAT and any applicable taxes) specified by us when you order Goods or order or renew any Services according to our supplied schedule, or at the time of order / renewal.
  1. Payment for Goods, Consulting Services or Services may be made:
  • by cheque or BACS; and
  • in advance or, if we agree to credit terms, within 30 days of our invoice.
  1. Payment must be made without deduction or set-off.
  1. All fees are non refundable unless otherwise stated.
  2. All fees remain payable where we suspend the Consulting Services / Services in accordance with these Conditions.

17. Duration and termination 

  1. All Services paid for either annually or monthly will be subject to initial contract periods of 12 months or 90 days respectively, and shall continue thereafter on a rolling annual or monthly basis unless and until terminated in accordance with clause 17.2 and 17.3. 
  1. Subject to clause 17.1, either party may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving to the other 30 days written notice.
  1. We may terminate this agreement (as regards some or all of the Consulting Services / Services) or suspend some or all of the Consulting Services / Services immediately on written notice:
  • If you breach any of the terms and obligations under these Conditions and, if remediable, having received from us a written notice stating the intention to terminate these conditions if not remedied, fail to remedy the breach within 30 days;
  • If you are subject to a resolution for winding up or a petition for bankruptcy or liquidation or there is a proposal or you enter into any arrangement or composition with your or for your creditors or a receiver or liquidator or trustee in bankruptcy is appointed over you or any of your assets or any similar circumstances; or
  • if we are required to do so by a competent or regulatory authority.
  1. On termination of this agreement or suspension of Services for any reason:
  • we will immediately stop supplying, and will terminate access to, the relevant Services. This may involve irretrievable damage to or loss of Data generated, stored, transmitted or used via or in connection with the Services and / or we may destroy any such Data; all licenses granted by us to you will terminate; any fees due remain payable and, if already paid, will be refundable on a pro rata basis for the time remaining on the annual fee (if after the initial contract period); your accrued rights and liabilities will be unaffected.

18. Confidentiality 

  1. We both agree not to use for any purpose apart from this agreement or disclose any Confidential Data received from the other party. “Confidential Data” means Data identified as, or which clearly is, confidential.
  1. This clause does not apply to Data which:
  • enters the public domain other than through breach of this clause; is or becomes independently known to the receiving party free from any confidentiality restriction; is required to be disclosed by applicable law or competent authority; is reasonably disclosed to employees, suppliers, professional advisers or others for the proper performance of these Conditions, subject to a confidentiality agreement or contract being in place; or DELETED
  • we are otherwise permitted to disclose in accordance with these Conditions.
  1. We may announce that you are one of our clients. 

19. Notices 

  1. You should send any notices under these Conditions to the correspondence address or email address given at the top of these Conditions.
  1. We shall send any notices in accordance with the most recent contact information which you have provided to us.
  1. Notices may be sent by hand, recorded delivery, fax or email and shall be deemed to be received:
  • by hand – when delivered provided handed to a senior employee;
  • recorded delivery – five days after posting;
  • fax – when the sender receives an error-free transmission report; or
  • email – on the day sent unless the contrary is proved.

20. General

  1. These Conditions represent the entire agreement of the parties relating to its subject matter. It supersedes all prior agreements and representations (unless fraudulent). We are not bound by, nor should you rely on, any oral representations or representations by any agent or employee of any third party you may use to apply for our Consulting Services / Services. 
  2. If any part of these Conditions is deemed void for any reason, the offending words shall be deemed deleted and the remainder shall continue in full force.
  1. You may not assign these Conditions or subcontract or resell any of the Services without our prior written consent. OpenBrolly will inform the client with a sufficient prior notice period that it intends to assign prior to doing so, in case we would like not to deal with the assignee.
  2. We shall not be liable for failure to perform or delay in performing any obligation under these Conditions if the failure or delay is caused by any circumstances beyond our reasonable control, including but not limited to failure of any communications, telecommunications or computer system.
  3. No firm, person or company which is not a party to these Conditions shall have any right under the Contract (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions.
  4. The failure to exercise or delay in exercising a right or remedy under these Conditions shall not constitute a waiver of the right or remedy.
  5. Nothing in these Conditions shall be construed as creating a partnership or joint venture of any kind between us.

21. Choice of law

These conditions are governed by and interpreted in accordance with the laws of the United Kingdom, including England, Ireland, Scotland and Wales. If your habitual residence is in the EU, you additionally possess the protection provided to you by the obligatory provisions of the law of your country of residence. Strategic Integration limited and yourself both agree to submit to the non-exclusive jurisdiction of the courts, which means that you may make a claim to defend your consumer protection rights in regards to these terms of service in the United Kingdom, or in the EU country in which you reside.

Terms of Service 

Last updated 28/02/2024

Table of contents 1

AGREEMENT TO TERMS 1

INTELLECTUAL PROPERTY RIGHTS 2

USER REPRESENTATION 2

USER REGISTRATION 3

PROHIBITED ACTIVITIES 3

SUBMISSIONS 4

THIRD-PARTY WEBSITE AND CONTENT 4

SITE MANAGEMENT 5

COPYRIGHT INFRINGEMENTS 5

TERM AND TERMINATION 5

MODIFICATIONS AND INTERRUPTIONS 5

GOVERNING LAW 6

DISPUTE RESOLUTION 6

CORRECTIONS 6

DISCLAIMER 6

LIMITATIONS OF LIABILITY 7

INDEMNIFICATION 7

USER DATA 7

ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES 7

MISCELLANEOUS 8

CONTACTING US 8

  • AGREEMENT TO TERMS

These terms of service constitute a legally binding agreement made between you, whether personally or on behalf of an entity “(you)” and Strategic Integration limited (trading as Openbrolly), (“Openbrolly”, “we”, “us”, or “our”), concerning your access to and use of any Openbrolly system, website, mobile application, linked or otherwise connected thereto (collectively, the “site”). We are registered in the United Kingdom. Our registered address is 5a South Charlotte Street, Edinburgh, EH2 4AN. You agree by accessing the site, you have read, understood and agree to be bound by these terms of service. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE IMMEDIATELY.

Supplementary terms and conditions or documents may be posted to the site from time to time, these will be expressly incorporated herein by reference. We reserve the right in our sole discretion, to make changes to these terms of service at any time. We will notify you about said changes by updating the “Last updated” date of these terms of service and you waive the right to receive specific notice of each such change. Please ensure that you check the applicable terms every time you use our site so that you understand which terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms of service by your continued use of the site after the date such revised terms of service are posted.

The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law regulations or which would subject us to any registration requirements within such jurisdiction or country. Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws , if and to the extent local laws are applicable.

All Openbrolly sites and systems are compliant with the General Data Protection Regulation (GDPR).

  • INTELLECTUAL PROPERTY RIGHTS 

Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the site (collectively, the “content”) and the trademarks, service marks, and logos contained therein (the “marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws. The content and the marks are provided on the site “as is” for your information and personal use only. Except as expressly provided in these terms of service. No part of the site and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior permission.

Provided that you are eligible to use the site, you are granted a limited licence to access and use the site and to download or print a copy of any portion of the content to which you have properly gained access. We reserve all rights not expressly granted to you in and to the site, content and the marks.

  • USER REPRESENTATION 

By using the site, you represent and warrant that: (1) all registration information you submit will be true, accurate and complete; (2) you will maintain the accuracy of said information and promptly update such registration information as necessary; (3) you will not have the legal right to access the site by automated or non-human means, whether via a bot, script, or otherwise; (4) you will not use the site illegally or for unauthorised purposes; and (5) your use of the site will not violate any applicable law or regulation.

  • USER REGISTRATION 

You will be required to register with the site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change your username if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

  • PROHIBITED ACTIVITIES 

You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the site, you agree not to:

  • Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, complication, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and others, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security related features of the site, including features that prevent or restrict the use or copying of content or enforce limitations on the use of the site and/or the content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the site and other users.
  • Use any of the information obtained on the site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorised framing of or linking to the site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters or spamming (continuous posting of repetitive text), that interferes with any parties uninterrupted use and enjoyment of the site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interference with, disrupt, or create an undue burden on the or the networks or services connected to the site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site to you.
  • Attempt to bypass any measures of the site designed to prevent or restrict access to the site, or any portion of the site.
  • Copy or adapt the site’s software, including but not limited to Flash, PHP, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the site.
  • Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or using or launching any unauthorised script or other software.
  • Use a buying agent or purchasing agent(s) to make purchases on the site.
  • Make any unauthorised use of the site, including collecting usernames and/or email addresses of users by electronic or other ,exams for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  • Use the site as part of any effort to compete with us or otherwise use the site and/or the content for any revenue-generating endeavour or commercial enterprise.
  • Use the site to advertise or sell goods and services without prior contest by us.
  • Sell or otherwise transfer your profile.

  • SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the site (“submissions”) provided by you to us are non-confidential and shall become our property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights to any submissions, and you hereby warrant that any such submissions are original or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged infringement or misappropriation of any proprietary rights in your submissions.

  • THIRD-PARTY WEBSITE AND CONTENT

The site may contain (or you may be sent via the site) links to other websites (“third-party websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third-parties (“third-party content”). Such third-party content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third-party content posted on, available through, or installed from the site, including the content, accuracy, offensiveness, opinions, realisability, privacy practices, or other policies of or contained in the third-party websites or the third-party content. Inclusion of, linking to, or permitting use or installation of any third-party websites or content does not imply approval or endorsement thereof by us. If you decide to leave the site and access the third-party websites or use or install content, you do so at your own risk, and you should be aware these terms of service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the site or relating to any applications you use or install from the site. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content or any contact with third-party websites.

  • SITE MANAGEMENT

We reserve the right, but not the obligation, to; (1) monitor the site for violations of the terms of service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms of service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site.

  • COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the site infringes upon any copyright you own or control, please immediately contact us using the contact form found at www.openbrolly.com/contactus. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations. Thus, if you are not sure that material located on or linked to by the site infringes your copyright, you should consider seeking legal advice.

  • TERM AND TERMINATION

User: 

These terms of service shall remain in effect whilst you use the site, without limiting any other provisions of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for any no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of service or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you have submitted at any time, without warning.

Client:

All services paid for either annually or monthly will be subject to initial contract periods of 12 months or 90 days respectively, and shall continue thereafter on a rolling annual or monthly basis, unless and until terminated by providing 30 days written notice.

  • MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without prior notice. However, we have no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the site without notice at any time. We will not be liable to you or any third-party for any modifications, price changes, suspension, or discontinuation of the site.

We cannot guarantee the site will be available at all times. We may experience hardware or software or other problems or need to perform maintenance work related to the site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss or damage, or inconvenience caused by your inability to access or use the site during any downtime or discontinuance of the site. Nothing in these terms of service will be construed to obligate us to maintain and support the site or to supply any corrections, updates, or releases in connection therewith.

  • GOVERNING LAW

These conditions are governed by and interpreted in accordance with the laws of the United Kingdom, including England, Ireland, Scotland and Wales. If your habitual residence is in the EU, you additionally possess the protection provided to you by the obligatory provisions of the law of your country of residence. Strategic Integration limited and yourself both agree to submit to the non-exclusive jurisdiction of the courts, which means that you may make a claim to defend your consumer protection rights in regards to these terms of service in the United Kingdom, or in the EU country in which you reside.

  • DISPUTE RESOLUTION 

The European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring this subject to our attention, please contact us.

  • CORRECTIONS

There may be information on the site that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the site at any time without notice.

  • DISCLAIMER

The site is provided on an as is and as is available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about accuracy or completeness of the sites content or the content of any other websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any authorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruptions or cessation of transmission to or from the site, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third-party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content submitted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third-party through the site, any hyperlinked website, or mobile application featured in any banner or other advertisements, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

  • LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third-party for any direct or indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising out of your use of the site, even if we have been advised of the possibility of such damages.

  • INDEMNIFICATION 

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable law attorneys fees and expenses, made by any third-party due to or arising out of; (1) your contributions; (2) use of the site; (3) breach of these 

terms of service; (4) any breach of your representations and warranties set forth in these terms of service; (5) your violation of any of the rights of a third-party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the site with whom you connected via the site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

  • USER DATA

We will maintain certain data that you transmit to the site for the purpose of managing the performance of the site, as well as data relating to your use of the site. Although we perform regular routine backups of data, you are solely responsible for all the data that you transmit or that relates to any activity you have undertaken using the site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

  • ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES 

Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide you electronically, via email and on the site, satisfy any legal requirement that such communications will be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require original signatures or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic.

  • MISCELLANEOUS 

These terms of service and any policies or operating rules posted by us on the site or in respect to the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms of service shall not operate as a waiver of such provision. These terms of service operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act beyond our reasonable control. If any provision or part of a provision of these terms of service is determined to be unlawful, void, or unenforceable, that provision or part of provision is deemed severable from these terms of service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these terms of service or use of the site. 

You agree that these terms of service will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of the terms of service and the lack of signing by the parties here to execute the terms of service.

Data gathered for registration and sign up purposes will be owned by Strategic Integration Ltd (Openbrolly) and may be used for marketing purposes. Should the data be passed to third parties you will have prior contact and be asked to opt-in.

GDPR statement

After four years of preparation and debate the GDPR (EU General Data Protection Regulation ) was finally approved by the EU Parliament on 14 April 2016. The enforcement date is 25 May 2018 – at which time those organisations in non-compliance may face heavy fines. 

The GDPR replaces the Data Protection Directive 95/46/EC and was designed to harmonise data privacy laws across Europe, to protect and empower all EU citizens data privacy and to reshape the way organisations across the region approach data privacy. This change affects all our clients. 

Responsibility for complying with the Directive rests with the data controller. As you are the data controller in respect of personal data you store on MovieSite, it is your responsibility to ensure compliance with the data protection law of your home country. Organisations outside the EU must comply if they store personal information of any European citizens. MovieSite is supplied by Openbrolly (Strategic Integration Limited). 

How does MovieSite ensure secure storage of the data I hold? 

Data that is transferred between your browser and our servers is encrypted using SSL. We use strong encryption and will drop support for old browsers that do not comply with strong encryption standards. 

MovieSite and your data is hosted on Amazon Web Services (AWS), a global leader in Infrastructure as a Service (IaaS), within the EU. Physical access to the data centres is strictly controlled both at the perimeter and at building ingress points by professional security staff, video surveillance, intrusion detection systems, and other electronic means. Access to their data centre floors requires two-factor authentication a minimum of two times. 

Amazon maintains multiple certifications for its data centres, including ISO 27001 compliance, PCI Certification, and SOC reports. There is more information at https://aws.amazon.com/security 

We continually update MovieSite and all clients automatically have access to the latest version of the software. 

Our servers are monitored for unusual activity and availability. 

Who can access my data? 

Our clients can control who accesses the information in their MovieSite database, and users can have access filtered to limit access to specific records. 

The MovieSite support team can advise on your current user list. 

Your organisational administrator can also access this list. You should advise the MovieSite support team if a member of staff leaves or no longer requires access to MovieSite. Backoffice access is geographically limited. 

Openbrolly staff and suppliers do not have access to MovieSite backoffice passwords or the ability to login to your account. We can access your environment as an administrative user if we need to resolve a specific issue or implement a feature, as requested by you. 

In order to provide the service, we do have authorised operations staff with access to the underlying infrastructure and therefore the underlying data in raw form. However, we never access specific client data unless we are working with the client to investigate a problem. Such access is strictly limited through authentication and restriction to specific premises. 

Will my data be shared with third parties? 

We will never disclose personal information to anyone else except where we have to do so in accordance with our Privacy Policy, for example if legally compelled to do so. 

How can I get a copy of the data I store in my MovieSite environment and will it be in a format I can use? 

You may wish to audit your information locally. We can provide your data securely in alternative formats if required – such as CSV. 

How is my data protected from accidental destruction? 

We make multiple “snapshots” of your data each day. We also replicate data in real time to another location. 

In the event that one of your users accidentally deletes a record it can be restored by our support team for up to 30 days. 

Can I get access to my data where and when I want it? 

We aim to make MovieSite available 24/7. Logins may be limited to a specific geographic region, so please contact us if you will need to access MovieSite from another country. 

In what countries does Openbrolly process your data and what safeguards are in place at these locations? 

Your data will only be transferred to a country that the European Commission has determined provides an adequate level of protection, or to service providers who have an agreement with us committing to the Model Contract Clauses defined by the European Commission, or certified under the Privacy Shield. Our servers and your data are hosted securely in Amazon’s EU data centers. 

Will Openbrolly only process data in accordance with my instructions? 

Yes. If you have specific requirements, please contact us to discuss.

  • CONTACTING US

In order to resolve a complaint regarding the site or receive further information regarding use of the site, please contact us at:

contact us 

Enquires@openbrolly.com

5a South Charlotte street

Edinburgh 

EH2 4AN

enEnglish