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END USER LICENCE AGREEMENT

This End User Licence Agreement is applicable as of 25 January 2021

BRC Trading Limited (“BRCGS”) makes available the BRCGS Directory (“Directory”
as defined below) to users in accordance with this End User Licence Agreement
(“EULA”). Anyone wishing to use the Directory must (i) use a browser to gain
access to it via the Internet and (ii) use a portal website to gain access to
private and public areas of the Directory (an authorized account name and
password are required in order to gain access to the private area).

Please read this EULA carefully to be sure that you understand all its terms and
conditions which govern your access and use of the Services (as defined below).
By clicking on the “I agree” checkbox, you agree that your use of the Directory
will be governed by and subject to this EULA, and you will have entered into a
contract with BRCGS for the provision of the Services. Your use of other BRCGS
services and websites (including your use of the Directory) are governed by the
BRCGS Website Terms & Conditions (available on BRCGS’ website).


IN CONSIDERATION OF THE MUTUAL PROMISES AND AGREEMENTS CONTAINED IN THIS EULA,
YOU AND WE AGREE AS FOLLOWS:


1. DEFINITIONS AND INTERPRETATION

In this EULA:

 * "Authorised User" means an accreditation body, a certification body, a
   supplier, a retailer or similar user, who is granted access to the Services
   by BRCGS in accordance with this EULA;
 * "BRCGS" means BRC Trading Limited (a limited company incorporated in England
   with its registered office at LGC, Queens Road, Teddington TW11 0LY whose
   registered company number is 4281617);
 * "Data" means all data, information and/or documents provided or communicated
   by Authorised Users via the Portal when using the Services;
 * "EULA" means these general terms and conditions of use of the Services that
   the Authorised User has accepted by clicking on the checkbox labelled “I
   agree”;
 * "Directory" means the name of the website and database that form the
   directory of BRCGS’ Global Standards;
 * "Portal" means the BRCGS website and related applications permitting a User
   to have access to the Directory and Services;
 * "Quickstart" means the online manuals and/or guides put at the disposal of
   Users and containing basic procedures or instructions to facilitate use of
   the Services;
 * "Services" means the on-line access to the Portal, access and use of any
   related applications and the right to use the Portal in accordance with this
   EULA;
 * "User" means any person that uses the Services (including Authorised Users
   and individuals acting on behalf of Authorised Users).

In this EULA “we” means BRCGS and “us” and “our” will be construed accordingly.

Any reference in this EULA to “you” means the User or Authorised User (as
applicable) and “your” will be construed accordingly.

References in this EULA to “including” means including without limitation or
prejudice to the generality of any description, definition, term or phrase
preceding that word, and “include” and its derivatives will be construed
accordingly.

In this EULA, words importing the singular include the plural and vice versa and
words importing a gender include every gender.


2. FIRST ACCESS TO THE SERVICES

To join the Services, you must have received a valid invitation and have
accepted this EULA at the time of your first connection. In order to become an
Authorised User you will also need an access code and a password.


3. TERMS OF THE SERVICES

By becoming an Authorised User, you have:

 * the right to non-exclusive use of the Services, enabling you to use and query
   the Services;
 * a right to access and use the Portal; and
 * a right to access and use documentation made available via the Portal
   relating to the Services.


CONNECTION

Your connection to the Services is authorized solely on the condition that you
use the personal identifiers set out in your account. We reserve the right to
have your personal identifiers changed for technical reasons, subject to
providing you with three (3) business days’ prior notice, or without prior
notice for security or emergency purposes.


INTERRUPTION

We will be entitled to interrupt your access to the Services for maintenance or
upgrades, without liability to us.

We will exercise no control over Data, or your account information, transmitted
through the Services. However, we reserve the right to immediately terminate or
suspend your access to the Services, without liability or compensation and
without prejudice to any damages due under this EULA, if we discover or receive
notification or allegations of acts of piracy, counterfeiting, or illegal
(illicit) use of the Services attributable in whole or in part to you, or if it
is so ordered by a competent authority.

We do not warrant that the Services will be error free. Except as otherwise set
out expressly in this EULA, we make no warranty, express or implied, including
any warranty of merchantability, quality or fitness for purpose. You are
responsible for having standard reasonable protection in relation to your
computer systems and the use of the Internet, including standard anti-virus and
firewall software.


4. YOUR OBLIGATIONS


TECHNICAL CONFIGURATION

The exchange of and collaborative work on electronic documents is accomplished
by means of a system comprised of data processing hardware, associated software
and private or public telecommunications networks. You are responsible for
verifying the proper functioning of your data processing system in general and
of your system’s technical capability to carry out electronic exchanges.

You acknowledge to having consulted the technical pre-requisites for use of the
Services, which are set out online on the Portal, prior to joining the Services
and you agree to comply with such requirements and specifications during your
use of the Services.


USE OF THE SERVICES

You agree to use the Services in compliance with this EULA, the Quickstart
recommendations and instructions and any complementary instructions that may be
provided to you.

You are solely responsible for your use of the Services and agree to respect and
comply with all applicable laws and regulations relating to your use of the
Services. You must not use the Services on behalf of any third party.

You are only authorized to use the Services for your internal professional
requirements and you must not:

 I.   send to any other User spam, unsolicited messages or any other message in
      violation of any applicable law;
 II.  send, display, maintain or transmit illegal, obscene, menacing, defamatory
      or otherwise unlawful data or information, including information
      containing representations of violence, pornography, racial
      discrimination, religious discrimination, provocation of violence,
      incitement to express hatred or discrimination, incitement to commit
      reprehensible acts, as well as information infringing a third party’s
      intellectual property rights or data protection rights;
 III. knowingly insert or include, or knowingly permit or cause any User to
      insert or include any virus, computer worm, Trojan horse or other damaging
      device, data file, script, agent or program into the Services;
 IV.  interfere with or disrupt the integrity or functioning of the Services or
      the data contained therein; or
 V.   try to obtain unauthorized access to any of the Services, Data, User
      profiles or any related systems or networks.


DATA

BRCGS uses third party service providers to assist it in providing the Services.
For the purposes of the General Data Protection Regulation 2016 and the Data
Protection Act 2018 (together “GDPR”), BRCGS is the controller (as defined in
the GDPR) and responsible for complying with the GDPR in relation to personal
data submitted to, and processed in connection with, the Services. BRCGS
processes your personal data in accordance with our Privacy Policy which can be
viewed at https://www.brcgs.com/privacy-notice/

You warrant that all of the information you enter on the Portal as part of the
Data belongs to you, that you have the right to use it in connection with the
Services and that it is accurate and complete and not misleading in any way.

You are solely responsible for the content of the Data you transmit to and put
online on the Portal and in the Directory itself. We will not, under any
circumstance be liable for the content, accuracy or completeness of the Data
submitted by you as part of the Services.

You agree not to transmit Data obtained or transmitted by means of the Services
to unauthorized third parties, including whether or not this is done free of
charge.

We reserve the right to retain, remove and/or destroy Data, without prior
notice, in the event of a breach of this EULA. We also reserve the right (if
reasonably practicable) to receive copies of the Data before it is destroyed or
removed.

Insofar as you hold a property right in the Data, you grant a right of usage of
such Data for the benefit of other Users, BRCGS and its suppliers, for the
purpose of using the Services in accordance with this EULA.

By agreeing to this EULA, you agree that all Data will be available, within the
framework of the Services, to other Users according to their access level,
whether or not such Users are located outside the European Economic Area or the
United Kingdom.

In the event of termination of this EULA, your right of access to the Data or
the right of utilization of the same within the framework of the Services will
immediately cease, and we will not be required to archive or transmit any Data
for you whatsoever.

You agree to comply fully in all respects with the GDPR (to the extent it
applies to you and any Data you put on the Directory) and all associated or
related legislation in any applicable jurisdiction.


ACCESS TO PERSONAL DATA

In accordance with the GDPR and other laws relating to personal data, you will
be entitled to request access to your personal data and to request that your
personal data be changed or deleted. You may exercise these rights directly in
your account or, if applicable, through the Services, by sending an email to the
email address indicated on the Portal. See further BRCGS’ Privacy Policy
(https://www.brcgs.com/privacy-notice/) which contains additional information on
your data subject rights.


5. INTELLECTUAL PROPERTY


YOUR RIGHTS

You are granted, for the duration (and in accordance with) this EULA, a
non-transferable, non-exclusive right to access and utilize the Services and the
related documentation (including the Quickstart documents).

Only you are authorized to use the Services within the limitations of your
access level.

You are, in particular, not authorized to:

 I.   use the Directory, Portal or Services other than for the purposes
      expressly set out in this EULA;
 II.  permit a third party to use the Directory, Portal or Services except as
      provided in this EULA;
 III. modify, translate, reverse engineer, reconfigure, disassemble or recreate
      any part of the Directory, Portal or Services, or attempt to do so, or
      permit a third party to carry out (or attempt to carry out) any such acts;
 IV.  modify, alter or delete notices of the copyright, trademark, or any other
      intellectual property right appearing in or on the Directory, Portal or
      Services, or prevent their identification, or attempt to do so, or permit
      a third party to carry out (or attempt to carry out) any such acts;
 V.   sell, lease, sublicense, dispose of, transfer or share any of the rights
      granted to you under this EULA.

The Directory, Portal or Services may contain one or components or applications
belonging to a third party, to which you are granted a right of utilization
based upon the rights granted to us by the relevant third party owner.


INTELLECTUAL PROPERTY RIGHTS

The Directory, Portal and Services are protected by national and international
law and are the exclusive property of BRCGS or its licensors.

The intellectual property rights (including copyright) and confidentiality
rights in the Directory and Portal are protected by national and international
law and are the exclusive property of BRCGS or its licensors. The underlying
software or applications incorporated in the Services are protected by
intellectual property rights (including copyright) and confidentiality rights of
BRCGS or its licensors.

This EULA will not be construed as leading to the suspension or transfer of any
intellectual property rights belonging to BRCGS or its licensors.

You will not harm, in a direct or indirect manner, the legitimate rights and
interests of BRCGS or its licensors in relation to the Directory, Portal or
Services.

You undertake to maintain intact any copyright or other intellectual property
rights notices relating to the Directory, Portal or Services and to respect the
distinctive marks belonging to BRCGS or its licensors, such as names, marks,
acronyms, logos, symbols, slogans, colours, graphics and the like.


INDEMNITIES

Neither BRCGS nor its suppliers/licensors will be liable for any claim made
against you by a third party for infringement of its intellectual property
rights or any other rights arising out of or in connection with your use of the
Directory, Portal or Services.

If a third party claims that the Directory, Portal or Services infringe its
intellectual property or other rights, BRCGS or its licensors will have sole
control in addressing and defending any such claim. Should your licence to use
the Directory, Portal or Services be lost as a result of any such claim, BRCGS
or our licensors may, at our sole option and discretion (i) promptly procure a
licence of the necessary intellectual property rights to continue your licence
(at no extra cost to you) or (ii) modify the Directory, Portal or Services so
that they do not infringe.

You will indemnify BRCGS, our suppliers and licensors (“Indemnified Parties”)
against all liabilities, costs, expenses, damages and losses suffered or
incurred by any of the Indemnified Parties arising out of or in connection with:
(i) any claim made against an Indemnified Party by any person alleging
infringement of its intellectual property or other rights which arises out of,
or is in connection with the Indemnified Party’s use of your Data; and (ii) any
breach by you of the terms of this EULA.


6. TERM/RENEWAL/TERMINATION


TERM

This EULA is entered into when you click the “I agree” box and will remain in
force for as long as you use the Portal and Services.


TERMINATION

We may terminate this EULA at any time on notice in the event of: (i) any breach
of this EULA by you; and (ii) on the occurrence of an insolvency event affecting
an Authorised User. (In this paragraph an insolvency event means: (a) other than
for the purposes of a bona fide reconstruction or amalgamation, the passing of a
resolution for the Authorised User to be wound up, or a court of competent
jurisdiction making an order for the Authorised User to be wound up or
dissolved, or the Authorised User otherwise being dissolved; or (b) the
appointment of an administrator, receiver or administrative receiver of, or an
encumbrancer taking possession of or selling, the whole or any part of the
Authorised User’s undertaking, assets, rights or revenue; or (c) the Authorised
User entering into an arrangement, compromise or composition in satisfaction of
its debts with its creditors; or (d) the Authorised User being unable to pay its
debts, or being deemed unable to pay its debts, within the meaning of section
123 of the Insolvency Act 1986; or (e) the Authorised User entering into any
arrangement, compromise or composition in satisfaction of its debts with its
creditors.)

Termination will take effect without the need for legal or extra-judicial
proceedings, without prejudice to any damages which BRCGS may be entitled to
claim.

In the event of termination of this EULA:

 * your access to the Services will immediately cease; and
 * we may remove, delete or destroy any Data or relevant account. We will be
   entitled (if reasonably practicable) to receive copies of the Data before it
   is destroyed or removed.


7. SECURITY


YOUR ACCESS TO THE SERVICES

In order to connect to the Services you will identify yourself by using the
access code and the password which were attributed to you at your first
connection in accordance with your account and access level. Such access code
and password must be safeguarded by you and remain your responsibility. You will
take all necessary precautions to control and prevent unauthorized access or
use.

Any connection to the Services using this secure access code and password will
be deemed to be access by you and you will accordingly be liable for all such
access and use. We assume no liability in the event of fraudulent or improper
use of your secure access code and password.

In the event of loss or theft of your access code and/or password, you will have
the opportunity to request from us (via our service provider) by means of the
link “I’ve forgotten my password” the sending by email of the forgotten
password, and/or the re-establishment of your right of access with a new access
code if possible.


CONFIDENTIALITY

You will consider as strictly confidential, all data, information or knowledge,
regardless of form, nature or support, to which you will be deemed to have
gained knowledge as a result of, or in connection with, the Services
(“Confidential Information”), and undertake not to communicate or divulge such
Confidential Information to any third party not authorized to receive it, unless
(i) you have obtained prior express written agreement for its disclosure from
us, or (ii) the Confidential Information is in the public domain without breach
by you of this EULA, or (iii) you are required by law to disclose the
Confidential Information (in which case you will promptly notify us of this
legal requirement to disclose (to the extent you are permitted) and only
disclose the minimum amount of Confidential Information required to comply with
law.

You are only permitted to disclose Confidential Information to other Users (that
have an appropriate access level and are known to you) where: (i) the disclosure
is strictly necessary for the performance of the Services, and (ii) such Users
are subject to, or agree to be subject to, the relevant provisions of the EULA.


8. MODIFICATIONS


SERVICES

We reserve the right to supplement or expand the Services, in particular, to
make improvements to the Services offered.


CHANGES TO THE EULA

We reserve the right, at our discretion and at any time, to modify all or part
of the terms and conditions of this EULA so as to improve service to Users,
adapt them to new regulatory requirements or otherwise. In such case, a new
effective date will be assigned to the revised EULA.

Such revised terms and conditions of this EULA will be communicated to you by
using any online means.


9. LIABILITY

BRCGS, its suppliers and/or licensors will not be responsible or liable for any
issues or difficulties associated with the exchange or transfer of Data via the
internet, or via a third-party operator (such as an internet service provider).
You (or such third-party operator) will be solely responsible and liable for the
exchange and transfer of your Data.

You will be fully responsible for the data processing equipment connected to the
Portal and Services, which must comply with the terms of this EULA (in
particular section 4). To the extent permitted by law, BRCGS, its suppliers
and/or licensors will not be liable for any damage to your hardware.

BRCGS, ITS SUPPLIERS AND/OR LICENSORS PROVIDE THE SERVICES “AS IS” AND DISCLAIM
ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, TO THE FULLEST EXTENT AUTHORIZED BY LAW.

WITHOUT LIMITATION TO THE FOREGOING, BRCGS, ITS SUPPLIERS AND/OR LICENSORS
EXPRESSLY DO NOT WARRANT THAT THE DIRECTORY, PORTAL OR SERVICE WILL MEET YOUR
REQUIREMENTS OR THAT OPERATION OF ANY OF THESE WILL BE UNINTERRUPTED OR ERROR
FREE. YOU SHALL BE SOLELY RESPONSIBILE FOR SELECTING THE SERVICE TO ACHIEVE YOUR
INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICE. YOU
SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE PORTAL
OR SERVICE. IN NO EVENT SHALL BRCGS, ITS SUPPLIERS AND/OR ITS LICENSORS BE
LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BRCGS gives no warranty in respect of your compliance with any relevant law or
regulation that is connected to the Directory, Portal or Services. BRCGS will
not be liable for your compliance or non-compliance with any such applicable law
or regulation.

Notwithstanding the foregoing, BRCGS’ total aggregate liability for any claim(s)
made by you under this EULA will be limited to £100.

Any claim and/or complaint by you arising from the performance of the Directory,
Portal or Services must be submitted in the form of a certified letter with
acknowledgement of receipt within a period of thirty (30) business days from the
date of the generating act, subject to waiver.

Nothing in this EULA will limit or exclude the liability of any party for death
or personal injury arising out of negligence or any other liability that cannot
be excluded or limited by law.


10. FORCE MAJEURE

BRCGS is not liable to Users in the event of non-performance of its contractual
obligations in the event that such performance is delayed by an event of force
majeure.

For the purposes of this EULA, force majeure will include any unavoidable and
unforeseen event not within the control of BRCGS, its suppliers or licensors,
preventing the performance of BRCGS’ obligations under this EULA including (i)
fires, floods, contagion, pandemic or other natural disasters, service failure
by a national telecommunications operator (in the UK or abroad), labour disputes
leading to a national or regional strike, (ii) involuntary bankruptcy of a
supplier or partner, subject to proof that such bankruptcy was involuntary
and/or (iii) the modification of any regulation applicable at the time of
signing of this EULA bringing about such events.

In the event of force majeure, BRCGS may give you notice of the force majeure
and may suspend its contractual obligations. After the effects of the event of
force majeure have ended, such obligations will recommence for the remaining
term as of the date of suspension of such event. In any event if that event of
force majeure lasts for a period exceeding sixty (60) days, BRCGS may terminate
this EULA on notice.


11. MISCELLANEOUS

You may not sell, assign, or otherwise transfer or sub-contract, in whole or in
part, any of your rights and obligations arising under this EULA, whether for or
without compensation, without the express prior authorization of BRCGS.

We may freely transfer, assign or otherwise grant our rights and obligations
under this EULA to any third party. In addition, we may freely subcontract all
or a part of the Services to any third party.

In addition to the means of proof admissible by applicable law, the files, data,
messages and data processing registers contained in the data processing systems
of each party, under reasonable security conditions, will be admissible as proof
of the communications and agreements entered into between the parties. The
preservation of registers will be deemed, in the absence of indication to the
contrary, to have taken place under reasonable security conditions if the
messages, data and documents are systematically archived on durable and
unalterable media.

By accepting this EULA, you authorise us to publicise or mention, for purposes
of internal and external communications, your use of the Services. You hereby
license BRCGS to use your name (and logo if relevant) in such publication.

The terms and conditions of this EULA represent the entire agreement between you
and BRCGS in relation to the subject matter therein.

Should one of (or part of one of) the provisions of this EULA be held to be
invalid, illegal or unenforceable under applicable law, regulation or subject to
a final determination, it will be deemed void and not part of this EULA and will
not lead to invalidity of the other provisions, or of the EULA in its entirety,
which will remain unaffected. The parties will in good faith substitute valid
and binding provisions having a similar effect making as little modification as
necessary.

You and BRCGS are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchisor-franchisee relationship is intended or
created by this EULA.

Unless expressly stated, no party who is not a party to this EULA has any rights
pursuant to the Contract (Rights of Third Parties) Act 1999.


12. WAIVER – SEVERABILITY

It is expressly agreed that any waiver of enforcement of a clause or condition
set forth in this EULA by BRCGS (regardless of the frequency or duration
thereof) will not be construed as an amendment or elimination of such clause or
condition, or as creating any right. We may rescind such waiver at any time. In
addition, any provision hereof which is contrary to mandatory provisions of law
will be deemed withdrawn without affecting the validity of other clauses of the
rule or of the rule in question.

The rights and remedies provided by this EULA may be waived only in writing in a
manner that expressly states that such waiver is intended for, and such waiver
will only be operative with regard to, the specific circumstances referred to.
Any failure to exercise, or any delay in exercising, a right or remedy by either
party will not constitute a waiver of that right or remedy, or of any other
rights or remedies.


13. GOVERNING LAW

This EULA will be governed by and construed in accordance with English law and
the parties submit to the exclusive jurisdiction of the English courts.


BRCGS

 * +44 20 3931 8150
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 * Floor 2, 7 Harp Lane, London, EX3R 6DP


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