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Terms of Service

Please read these terms and conditions carefully before using this site

TC211 Version 0.0 dated 5 July 2023

The terms of use set out below govern your use of the BREEAM Projects website (https://tools.breeam.com/projects) (“the Site”), whether as a guest or registered user. Use of the Site includes accessing, browsing, or registering to use the Services (as defined below). Please read these terms carefully before proceeding.

By clicking ‘Accept’, you confirm that you have read and accept these terms of use, as well as any additional applicable terms which are incorporated herein.

Additional applicable terms

The following additional terms also apply to your use of the Site:

  • Our BRE Group Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing, and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

If you use a service through the Site which incurs a fee, you will be able to review and accept terms that will be clearly disclosed at that time.

Information about us

BRE Global Limited, a company registered in England and Wales under company number 08961297 and with a registered office of Bucknalls Lane, Garston, Watford, WD25 9XX with a VAT number of GB 689 9499 27, hereafter referred to as "we", "our", or "us".

For the avoidance of doubt "BRE", "we", "our" or "us" means BRE Global Limited together with its parent company and affiliate companies.

We operate the Site.

Our services

Through the Site, we provide to you access to an online environmental assessment methodology combining independent third-party assessment and certification of an asset's performance ("the Services").

Right to amend terms

We may revise these terms of use at any time by amending this page.

Please consult the Site for any revisions to these terms.

Changes to the Site

We may update the Site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

Accessing the Site

We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted.

Access to the Site is permitted on a temporary basis.

We may suspend, withdraw, discontinue or change all or any part of the Site without notice.

We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

You warrant that you meet all the eligibility criteria to access the Site in that you:

  • will not operate a scheme or methodology that competes with the Site;
  • will not attempt or allow unauthorised access to the Services;
  • will not infringe any of our Intellectual Property Rights; and
  • will provide, at your own cost, all equipment and software necessary to access the Site.

You shall keep us indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses, awarded against or incurred or paid by us, as a result of or in connection with, any claim brought against us for actual or alleged infringement of a third party's intellectual property rights arising out of, or in connection with, our receipt and use of the Information, as defined below.

You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Data protection

"Data Protection Legislation" means, all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended. The definitions and interpretations in the Data Protection Legislation apply to these terms.

BRE may collect and process your Personal Data; however, we will only do so in compliance with the Data Protection Legislation. For more information on how BRE may process your Personal Data, please visit the BRE Group Privacy Policy.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at breeam@bregroup.com.

Use of the Information

The continued development of BREEAM relies on the gathering, analysis and circulation of information related to the performance of green buildings ("the Information").

For the purposes of these terms, the Information means the following:

  • your asset’s address;
  • your asset’s dimensions;
  • your answers to our online tools and questionnaires;
  • additional evidence in support of your online tools and questionnaire answers;
  • any other information you input into the Site that is not Personal data.

By providing us with the Information, you represent and warrant that:

  • you are entitled to submit the Information;
  • that the Information is not confidential in nature or if the Information is confidential, that you have the permission of the Information owner to provide us with the Information; and
  • that the Information is not the subject of any third party right.

By submitting the Information on the Site, you hereby grant BRE a limited, non-exclusive and non-revocable license ("the License") to access and view all the Information submitted by you, or on your behalf.

The License also grants BRE the right, subject to clause 9.7 below, to use, reproduce, publish, and display the Information to third parties, including the general public, for the following purposes:

  • certification;
  • continued development of BREEAM;
  • research and development of different BRE methodologies;
  • marketing and business development;
  • reporting on industry insights;
  • development of new products and services; and
  • any other lawful purposes that BRE requires.

For the avoidance of doubt, by granting the License, you will not affect your existing ownership rights in the Information.

Any dissemination of the Information to third parties will only occur in an aggregated and anonymised format, except in the following circumstances:

  • where the Information is already available in the public domain;
  • you have provided your express consent to the disclosure of the Information in identifiable form; and/or
  • where the relevant third parties carry out services on behalf of BRE under a subcontract or license.

The Information may be transferred to, and stored or processed at, a destination outside the UK. By submitting your Information, you agree to this transfer, storing or processing.

The License takes effect at the time you upload or enter the Information in your application within BREEAM Projects, or the Information is so entered on your behalf, regardless of whether such application is ever submitted for review, and survives your discontinued use of the Site.

If your account is inactive for a continuous period of 6 years (from the date of your last recorded activity), we will assume that you are no longer a user of the Site. BRE will continue to maintain the confidentiality of your Information for the period of continuous inactivity or until the Information is deleted from BRE’s database, whichever event occurs first.

Notwithstanding the foregoing and unless you tell us otherwise, BRE may make public, as listings and case studies on BREEAM websites and via other BRE websites and media, information for all projects registered or certificated under any BREEAM scheme. Such information will include, but not be limited to: client details (provided for publication purposes), assessor organisation details , identity of design and construction teams, project location, facility type, construction type, BREEAM scheme applicable information, relevant dates (e.g. BREEAM application, construction completion, BREEAM certification), BREEAM scores, photographs.

Intellectual Property

Intellectual Property Rights means: Copyright and related rights, trade marks, database right, business names and domain names, patents, utility models, rights to inventions, registered and unregistered design rights, database rights, rights to use and protect the confidentiality of confidential information, registered and unregistered trade marks (including, where applicable the Trade Marks), goodwill and the right to sue for passing off or unfair competition, and all other industrial, commercial or intellectual property rights existing now or in the future in any part of the world and all the rights to apply for the same.
References to Intellectual Property shall be read in the context of the above definition.

We are the owner or the licensee of all Intellectual Property in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely.

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.

Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the Site or any content on the Site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use the Site or use of or reliance on any content displayed on the Site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Further to clause 16 (Viruses) below, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Uploading content to the Site

Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.

Any content you upload to the Site will be subject to clause 9 (Use of the Information) set out above.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Site.

We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on the Site do not represent our views or values.

Linking to the Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Site in any website that is not owned by you.

The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on the Site other than for the purposes or in the manner set out above, please contact breeam@bregroup.com.

Third party links and resources in the Site

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Viruses

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.

You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Severability

If any provision or part-provision of these terms of use is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

Contact us

To contact us, please email breeam@bregroup.com