0

Privacy Policy

Terms & Conditions

Thank you for visiting the INCORNITO® website located at www.incornito.co.uk (the “Site”). The Site is an Internet property of Brainbox Crew Ltd. (“INCORNITO®,” “we,” “our” or “us”). The Site provides end-users with access to certain content (“Content”), contact information and a means to request being contacted by INCORNITO® (“Contact Services” and together with the Content, the “Website Services”).

 

The following INCORNITO® Website Terms and Conditions (“Terms and Conditions”) are inclusive of the INCORNITO® Privacy Policy (“Privacy Policy”) and any and all other applicable INCORNITO® operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”). By using and/or accessing the Site and/or Website Services, you are agreeing to comply with and be bound by the Agreement in its entirety. Please review the following terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site and/or Website Services in any manner or form.

 

The Site and Website Services are offered for informational purposes only. Where you wish to obtain branding, advertising, marketing, web design and other related services as offered by INCORNITO® (collectively, “INCORNITO® Services”), those INCORNITO® Services shall be made available to you pursuant to a written agreement entered into between you and INCORNITO®.

 

  1. Scope/Modification of Agreement. The Agreement constitutes the entire and only agreement between you and us with respect to your use of the Site and/or Website Services, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site and/or Website Services. By your continued use of the Site and/or Website Services, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.

 

  1. Requirements. The Site is available only to individuals that: (a) are at least eighteen (18) years of age; and (b) can enter into legally binding contracts under applicable law.

 

  1. Website Services. (a) Contact Services. The Site contains contact information that provides end-user visitors with the means to contact us with questions regarding our INCORNITO® Services, as well as contact request forms that end-users can submit in order to be contacted directly by us with respect to INCORNITO® Service-related matters. The types of information that we collect on the various information request forms include, without limitation, your: (i) full name; (ii) e-mail address; and (iii) any and all other information requested on the applicable request form (collectively, “Contact Data”). Upon entering your Contact Data and clicking on the applicable submission button on the Site, you may be contacted by INCORNITO® personnel regarding your request. You agree to provide true, accurate, current and complete Contact Data and to update your Contact Data as necessary in order to maintain it in a current and accurate fashion. Our use of your Contact Data shall be governed by the Privacy Policy.

(b) Content. The Site contains Content which includes, but is not limited to, testimonials, an “about us” section that describes INCORNITO’s® mission and key personnel, information about the INCORNITO® Services, a regularly updated Twitter® feed and other materials regarding INCORNITO® and its many offerings. The Content is offered for informational purposes only.

(c) General. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site and/or Website Services shall be subject to the Agreement. You understand and agree that we are not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, the Website Services. If we terminate the Agreement for any reason, we shall have no liability or responsibility to you. You understand and agree that refusal to use the Site and/or Website Services is your sole right and remedy with respect to any dispute with us.

 

  1. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Website Services and associated content in accordance with the Agreement. We may terminate this license at any time for any reason. You may use the Site for your own personal, non-commercial use. No part of the Site and/or Website Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Website Services or any portion thereof. We reserve any rights not explicitly granted in the Agreement. Systematic retrieval of material from the Site and/or Website Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited. Your right to use the Site and/or Website Services is not transferable.

 

  1. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site and Website Services are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site and/or Website Services is strictly prohibited. You do not acquire ownership rights to the Site, Website Services or any content, document, software, services or other materials viewed at or through the Site and/or Website Services. The posting of Content and other information or material on the Site and/or by and through the Website Services by INCORNITO® does not constitute a waiver of any right in or to such information and/or materials.

 

  1. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or Content appearing on the Site.

 

  1. Indemnification. You agree to indemnify and hold us, our parents, subsidiaries and affiliates, and each of their respective partners, associates, employees and/or other agents, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Website Services; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this Section 7 are for our benefit, as well as our parents, subsidiaries and affiliates, and each of their respective partners, associates, employees and/or other agents. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

 

  1. Disclaimer of Warranties. THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, INCORNITO® MAKES NO WARRANTY THAT: (A) THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR INCORNITO® SERVICES AS ADVERTISED ON THE SITE; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INCORNITO® OR OTHERWISE THROUGH OR FROM THE SITE AND/OR WEBSITE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

 

  1. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME; (B) THE FAILURE TO QUALIFY FOR INCORNITO® SERVICES AS ADVERTISED ON THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR CONTACT DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS (£500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

 

  1. Third Party Websites. The Site may provide links to and/or refer you to other Internet websites and/or resources. Because we have no control over such third party websites and/or resources, you hereby acknowledge and agree that we are not responsible for the availability of such third party websites and/or resources. Furthermore, we do not endorse, and are not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

 

  1. Privacy Policy. Use of the Site, and all comments, feedback, information, Contact Data or materials that you submit through or in association with the Site, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, Click Here.

 

  1. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and we will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

 

  1. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in London,UK and shall be governed by and construed in accordance with the laws of the UK (without regard to conflict of law principles). Should a dispute arise concerning the Site, Website Services, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the British Arbitration Association in London, UK, in accordance with the then current Commercial Arbitration rules of the British Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Site Here. For claims of Ten Thousand British Pounds (£10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

 

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against us and/or our employees, partners, associates, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that we incur in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

 

  1. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site and/or Website Services is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

 

  1. Contact Us.If you have any questions regarding the Agreement, or would like more information from INCORNITO®, please contact us at hello@incornito.co.uk or 020 7859 4086.

Privacy Policy

Thank you for visiting the INCORNITO® website located at www.incornito.co.uk (the “Site”). The Site is an Internet property of Brainbox Crew Ltd. (“INCORNITO®,” “we,” “our” or “us”). This INCORNITO® Privacy Policy (“Privacy Policy”) covers our treatment of personal information and other information that we collect when you: (a) access or use the Site and/or Content; and/or (b) request to be contacted by us in connection with your use of the Contact Services. Capitalized terms not defined herein shall have the meaning set forth in the INCORNITO® Website Terms and Conditions (“Terms and Conditions”). IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE AND/OR WEBSITE SERVICES.

Personal Information Collected

 

For the purposes of this Privacy Policy, “personal information” shall mean individually identifiable information from or about an individual. We collect personal information from you primarily when you complete a contact form in connection with your request to be contacted directly by INCORNITO® with respect to INCORNITO® Services. The personal information that you must supply on the Site in order to obtain access to the Contact Services may include, without limitation: (a) your full name; (b) your e-mail address; and (c) any and all other information requested on the applicable contact form.

 

Use of Personal Information

We will never sell, rent, exchange or barter your personal information to or with any third party for financial gain or marketing purposes. Where you request to be contacted in connection with the Contact Services, we use the personal information that you make available to: (a) respond to your questions or comments; and (b) send you information, periodically, regarding our INCORNITO® Services. In addition, we may file your questions or comments for future reference. If you wish to stop receiving future communications from us, please see the Opt-Out/Unsubscribe section below.

 

The personal information that you submit to us remains your property. We may permit our third-party agents, service providers and subcontractors to access your personal information, but they are only permitted to do so in connection with performing services for us and/or to operate the Site and/or Website Services. They are not authorized to use that personal information for their own benefit.

 

We reserve the right to release current or past personal information: (i) in the event that we believe that the Site and/or Website Services is/are being or has/have been used in violation of the Terms and Conditions or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (iii) if we are sold, merged or acquired; provided, however, that if we are involved in a merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.

 

Cookies

When an end-user visits the Site, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable end-user’s computer or other device. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Site and/or Website Services.

 

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a user rejects a Cookie, he or she may still use the Site.

 

Behavioral Tracking/Do Not Track

We may track end-users’ use of the Website in an anonymous, non-personally identifiable manner through Cookies and other technology; provided, however, that we never link this information with personally identifiable information about any end-user. We also use Google Analytics on the Website. The Google Analytics platform does not record personally identifiable information about end-users, but aggregate information and activity only. We do not permit third parties to conduct any behavioral tracking by and through the Website. Users can disable any Website-usage tracking by utilizing the “Do Not Track” or similar options within most major Internet browsers.

 

Third-Party Websites

This Site may contain links to third-party owned and/or operated websites. We are not responsible for the privacy practices or the content of such websites. These third-party websites have separate privacy and data collection practices and we have no responsibility or liability relating to them.

 

Security

We endeavor to safeguard and protect our users’ personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). The privacy of your personal information is very important to us.

 

Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. The servers that we store personal information in are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control. Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software constitutes a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site is at your own risk.

 

All of our users’ personal information is restricted in our offices. Only employees or third party agents who need the personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

 

Minors

Visitors under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) are not permitted to use and/or submit their personal information at the Site. We do not knowingly solicit or collect information from visitors under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

 

Opt-Out/Unsubscribe

To opt-out of receiving any e-mail notifications and newsletters from us, you can follow the instructions at the end of the applicable e-mail message or e-mail us at: hello@incornito.co.uk.

 

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Contact Services, as well as to respond to any other inquiry or request made by you. To opt-out of receiving Contact Services-related and inquiry response-related messages from us, you must cease requesting Contact Services and cease submitting inquiries to us, as applicable.

 

Deleting and Updating Your Information

At your request, we will inform you of what personal information we have on file for you. In addition, at your request, we will remove personal information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at: hello@incornito.co.uk; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

 

Please be advised that deleting your personal information will limit our ability to contact you in connection with the Contact Services. If you wish to be contacted by us in connection with the Contact Services, you may not delete the personal information that we have on file for you.

 

Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

 

Changes to this Privacy Policy

We reserve the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use personal information changes, we will notify users by: (a) sending the modified policy to our users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.

 

Contact Us

If you have any questions about this Privacy Policy, please e-mail us at hello@incornito.co.uk or call us at 020 7859 4086.