Terms and Conditions

Website Terms and Conditions

This page (together with our Privacy Policy, Website Terms of Use Policy and Acceptable Use Policy tells you the terms and conditions (Terms & Conditions) on which we supply any of the products (Products) listed on our website www.crowdcolour.com (the Site) to you. Please read these Terms & Conditions carefully before ordering any Products from our Site. These Terms will apply to any contract between us and you for the sale of the Products to you (Contract). You should understand that by ordering any of our Products, you agree to be bound by these Terms & Conditions and the documents expressly referred to in it.

You can print a copy of these Terms & Conditions by selecting the print option from the “File” menu of your browser. We amend these Terms from time to time [as set out in clause 10]. Please ensure that you check these Terms each time you wish to order to ensure that you understand them. These Terms, and any contract between us, are only in the English Language.

The www.crowdcolour.com website is operated by: Crowd Colour Ltd., a company registered in England and Wales, whose registered office is Unit 1, Ashford House, Abergelly Rd, Fforestfach Ind Est, Swansea SA5 4DY. Our company registration number is 10616316. Our VAT registration number is 264116422. Our contact details are as follows: Trading address: Unit 1, Ashford House, Abergelly Rd, Fforestfach Ind Est, Swansea SA5 4DY. General email: info@crowdcolour.com. Telephone number: +44 (0)1792 586564.

 

 

  1. INTRODUCTION AND ACCESS TO OUR SITE

    1.1 You will generally be able to access all areas of this Site without registering your details with us. However, from time to time we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us.
    1.2 We may revise these Terms & Conditions at any time by updating this page. You are expected to check this page from time to time to take notice of any changes we make because they are binding on you. Certain provisions of these Terms & Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Site. If you do not wish to accept any new Terms & Conditions after we have given notice, you should not continue to use this Site.
    1.3 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, and 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 opinion you have failed to comply with any of the provisions of these terms of use.

  2. ORDERING FROM US

    2.1 You may place an order to purchase a Product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Proceed” button and giving your payment details. Please ensure that you check your order at each stage of the order process.

    Please note:

    1. We can only accept orders for delivery to countries outside of the UK as specified on our delivery page.
    2. Our website is written in English only.
    3. All payments are made in £ GBP.
    4. At the point of payment you will be directed to our secure payment server where a payment made by Debit or credit card will be held until the point of dispatch of your order, whereas payments made with Paypal will automatically make a payment at the point of ordering.

    2.2 When you place an order with us, you are making an offer to buy goods. We will send you an email to acknowledge that we have received your order giving an order number and a summary of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. When payment is made with PayPal the money is transferred upon submission of the order, in these circumstances the acceptance of the order is made after stock has been checked and the order is ready for dispatch. The contract between us will only be formed when we send you the Dispatch confirmation email. In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you prior to sending you a Dispatch Confirmation Email.
    2.3 We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances.
    2.4 We may be unable to process your order if:

    (a) the Product you ordered is out of stock or discontinued or,
    (b) there is a problem with authorisation of the payment on your credit card or,
    (c) because of an error in the price on our website as referred to in clause 4.6

    If you have made the payment for your products with PayPal we will refund you the amount as soon as possible.

    2.5 Your use of our site is governed by our Terms of Website use Policy. Please take the time to read them, as they include important terms which apply to you.

  3. PRODUCTS

    3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computers display the colours accurately to reflect the colour of the Products & therefore your Products may vary slightly from the images you saw.
    3.2 The packaging of the Products may vary from that shown on images on our site.
    3.3 All products shown are subject to availability. We will inform you by email as soon as possible if the Product is not available and refund when applicable.
    3.4 Any promotional offer including but not limited to free gifts are subject to availability while supplies last. In the event a free gift is delivered damaged it is at our sole discretion whether or not a replacement gift is provided or an alternative is offered.

  4. PRICING

    4.1 We take reasonable care to ensure the prices of Products are correct at the time when the relevant information was entered into our system. The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error. 
    4.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due once you have selected a delivery service from the available options as set out in Delivery Information.
    4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation Email.
    4.4 We cannot complete your order until you have paid for it in full. Payment can be made by most major credit/debit cards or PayPal, by completing the relevant details on the Datacash payment page. We do not accept cheques or postal orders.
    4.5 By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
    4.6 Our Site contains a large number of Products and it is always possible that, despite our reasonable efforts, some of the Products listed on our Site may be incorrectly priced. We will rectify any such errors as soon as possible once we become aware of them. If a Products’ correct price is different from the price stated on our Site, we will normally, at our discretion, refuse to accept your order. If such an occasion arrives, we will advise you by email.

  5. CANCELLATION AND RETURNS POLICY

    5.1 If you are a consumer you have a legal right to cancel a contract after dispatch under the Consumer Protection (Distance Selling) Regulations (2000) during the relevant period as set out in clause 5.4. This means that should you change your mind or for any other reason you decide to cancel your order within the relevant period set out in clause 5.4 you can notify us of your decision to cancel the Contract and receive a refund for the Product(s). Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
    5.2 Your legal right to cancel a Contract starts from the day after delivery. You have a period of 14 days in which you may cancel, starting from the day after you receive the Products. You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future. This cancellation policy does not affect your legal rights — for example if goods are faulty or mis-described. Please notify us in writing of your decision to cancel by contacting our Customer Service team by email to sales@crowdcolour.com, in writing to our headquarters or by telephone on 44 (0)1792 586564.
    5.3 You should return the Products to us unused and in the same condition in which you received them together with the original Product packaging, within 14 days of cancellation. You must return the goods to us at your own expense. You must ensure that the goods are packaged adequately to protect against damage. If you fail to take reasonable care of the goods before they are returned to us and results in damage, we will charge you for the reduction in value.
    5.4 We will provide a refund within 14 days of receiving the goods back at our registered office. We will process your refund back via the provider used to make the original payment within 14 days and we will send confirmation by email. Refunds for products purchased as gifts can only be provided to the credit/debit card or Paypal account of the person who placed the original order.
    5.5 You will be responsible for the cost of returning the Product(s) to us unless the Product(s) are being returned due to a fault or the Product(s) are not as described in which case we will be responsible for refunding the cost of returning the Products to us.
    5.6 If any Product you purchase is damaged, faulty or incorrect when delivered to you we may offer a refund as appropriate, in accordance with your legal rights. If you believe a Product is faulty, you should advise our customer care team prior to returning the Product to us in accordance with the Returns Procedure. If you have any questions regarding returns, please Contact Us.
    5.7 Our policy on cancellations, returns and refunds do not affect your statutory legal rights.

  6. FAULTY GOODS

    6.1 If there is a problem with the goods, please contact us. We will deal with the matter in accordance with your legal rights.

  7. SHIPPING AND DISPATCH

    7.1 We can only accept orders from countries listed on our Shipping & Returns Page.
    7.2 Shipping costs can be found on our Shipping & Returns Page.
    7.3 Our estimated dispatch timescale is shown on our Shipping & Returns Page, however, at busy periods, these expected dispatch timescales may be delayed. If delays are likely to be longer than 60 working hours, we will contact you with a revised dispatch date if necessary.
    7.4 Dispatch timescales may be changed during promotions; however, you will be advised of the terms and conditions of individual promotions of any changes to the expected dispatch of your order.

  8. DELIVERY

    8.1 Timescales given on our Shipping & Returns Page are approximate and no exact date can be given unless UK Next Day was the chosen shipping option.
    8.2 If an order has been placed for a specific event or as a gift, we recommend that a sufficient amount of time is given to allow for delays and that a special delivery service is chosen so the order can be tracked to its destination. We cannot be held responsible if the order does not arrive in time for your event.
    8.3 Delivery will be completed when we deliver the Products to the address provided by you.
    8.4 If no one is available at the address to take delivery, please arrange the redelivery with your local postage service. In the event that your parcel is being delivered by courier, you will find details regarding the arrangement of redelivery on a slip provided through your letter box.
    8.5 All risks in the Products you order (including the risk of loss and/or damage to the Products) shall pass to you when they are delivered to the delivery address specified in your order.
    8.6 You own the Products from the point at which we take payment in full, including all delivery charges.
    8.7 We deliver to the countries listed on our European Delivery page. However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering the Products.
    8.8 If you order Products for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
    8.9 You will be responsible for any import duties or taxes. Please contact your local customs office before ordering to calculate any charges that you may be required to pay.
    8.10 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
    8.11 If the chosen courier is unable to deliver your Products to the address on the label they should let you know by leaving a card through your mailbox. If you do not contact the courier within their recommended timescale, your Products will be returned to our registered office.
    8.12 If the Products are returned to us as undelivered by our courier due to an error in the delivery address details provided by you, then we will advise you by email and a refund will be processed for the value of the Products returned, within 14 days of the receipt of the Products at our registered office. Postage in these cases is non-refundable.
    8.13 Although an estimated delivery time is given, an item is not classified as "Lost" by Royal Mail until it has been missing for 14 working days in the UK and 25 working days for delivery to Europe. If you still have not received your Products after this time period, please contact our customer services team either by email: sales@crowdcolour.com or by phone on 44 (0)1792 586564. 
    If you do not receive your Products, you must notify us either in writing or by telephone within 45 days of your order dispatch date. Claims made after this time cannot be upheld. 

  9. AS A CONSUMER

    9.1 We intend to rely upon these Terms, our Privacy Policy and Website terms of use Policy and Acceptable Use Policy in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure that you ask for any variations from these Terms to be confirmed in writing.
    9.2 As a consumer you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.

  10. OUR RIGHT TO VARY THESE TERMS

    10.1 We may revise these Terms from time to time in the following circumstances:

    (a) changes in how we accept payment from you;
    (b) changes in the relevant laws and regulatory requirements;
    (c) changes in technology;
    (d) changes in our system's capabilities or for any other reason in our sole discretion which we may decide.

    10.2 Every time you order from us the Terms in place at the time you place the order will apply to the Contract between you and us.
    10.3 Whenever we revise these Terms in accordance with this clause 10, we will keep you informed and give you notice of this by stating that these terms have been amended and the relevant date at the top of this page OR alternative method.

  11. OUR LIABILITY

    11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage that is foreseeable if they were an obvious consequence of our breach or it they were contemplated by you and us at the time we entered into the Contract.
    11.2 We only supply the Products for domestic and private use –You agree not to use the Product for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    11.3 We do not in any way exclude liability for;

    (a) death or personal injury caused by our negligence;
    (b) fraud or fraudulent misrepresentation;
    (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); 
    (d) any breach of the implied terms of section 13 to 15 of the Sales of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and 
    (e) defective products under the Consumer Protection Act 1987.

    11.3 Subject to clause 11.2 we will in no circumstances whatever be liable to you whether in contract or tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract for:

    (a) any loss of profits;
    (b) loss or corruption of data, information or software;
    (c) loss of business opportunity;
    (d) loss of anticipated savings;
    (e) loss of goodwill; or 
    (f) any indirect or consequential loss.

  12. EVENTS OUTSIDE OUR CONTROL

    12.1 We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by an event outside our control. An event outside our control is defined in clause 15.2.
    12.2 An Event Outside Our Control means any act or event beyond our reasonable control including without limitation strikes, lockouts, or other industrial action by third parties, civil commotion, riot, terrorist attack or threat of terrorist attack, war (whether declared or not) threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
    12.3 If an Event Outside Our Control takes place that affects our performance of our obligations under a contract:

    (a) we will contact you as soon as is reasonably possible to notify you; and
    (b) our obligations under a Contract will be suspended and the time of performance of our obligations will be extended for the duration of the Event Outside Our Control. Where an Event Outside Our Control affects our delivery of the Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

  13. COMMUNICATIONS

    13.1 When we refer, in these terms to in writing, this will include e-mail.
    13.2 If you wish to contact us in writing, or if any of the clauses in these Terms requires you to give us notice in writing, you can send this to us by email or by pre-paid post to Crowd Colour Ltd. Unit 1, Ashford House, Abergelly Rd, Fforestfach Ind Est, Swansea SA5 4DY. General email: sales@crowdcolour.com. We will confirm receipt of this by contacting you in writing, normally by email.
    13.3 If we have to contact you we will do so by e-mail or pre-paid post to the address that you have provided us within your order.

  14. COMPLIANCE

    14.1 If you are a consumer, please note that these Terms are governed by English Law. This means that a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.  We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
    14.2 If you are a business, these Terms are governed by English Law. This means that a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
    14.3 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
    14.4 We do not warrant that materials/items for sale on the Site are appropriate or available for use outside the United Kingdom. It is prohibited to access the Site from territories where its contents are illegal or unlawful. If you access this Site from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

  15. MISCELLANEOUS

    15.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms & Conditions unless we agree in writing. We may transfer our rights and obligations under a Contract to another organisation but this will not affect your rights or obligations under these Terms.
    15.2 If any provision of these Terms & Conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
    15.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

  16. YOUR CONCERNS

    16.1 If you have any concerns about material which appears on our Site, please Contact Us.

  17. WHAT HAPPENS WHEN YOU SIGN UP TO RECEIVE OUR NEWSLETTERS?

    By consenting to receive marketing communication from Crowd Colour Ltd and its subsidiaries you are agreeing to receive order information and marketing updates via email, postal mail or SMS/MMS messages. Crowd Colour Ltd will never share or sell any of your personal data with third parties. You can opt out of any marketing communication by simply clicking unsubscribe at the bottom of any email communication or contact us for help.

 

 

Terms of Website Use

This page (together with the Privacy Policy and Website terms and conditions) tells you the terms of use on which you may make use of our website www.crowdcolour.com (the Site) (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

1. INFORMATION ABOUT US

The www.crowdcolour.co.uk website is operated by: Crowd Colour Ltd., a company registered in England and Wales, whose registered office is UNIT 1 ASHFORD HOUSE, ABERGELLY ROAD, FFORESTFACH IND. EST., SWANSEA, SA5 4DY, UK. Our company registration number is 10616316. Our VAT registration number is 264116422. Our contact details are as follows: Trading address: Crowd Colour Ltd, PUnit 1, Ashford House, Abergelly Rd, Fforestfach Ind Est, Swansea SA5 4DY. General email: info@crowdcolour.com Telephone number: 01792 586564.

2. ACCESSING OUR SITE

2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.3 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, and 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 opinion you have failed to comply with any of the provisions of these terms of use.
2.4 When using our site, you must comply with the provisions of our acceptable use policy.
2.5 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
2.6 We may revise this policy at any time by updating this page. You are expected to check this page from time to time to take notice of any changes we make, because they are binding upon you. If you do not wish to accept the policy or updated policy then you should not continue to use this Site.

 

3. INTELLECTUAL PROPERTY RIGHTS

 

3.1 We are the owner or the licensee of all intellectual property rights in our 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.
3.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site on the following basis:

(a) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way;
(b) you must not use any illustrations, photographs, or video or audio sequences on this Site are used separately from accompanying text;
(c) any of our copyright and trade mark notices and this permission notice appear in all copies;
(d) our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
(e) you must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

3.3 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
3.4 Subject to clause 3.2, no part of this Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

 

4. RELIANCE ON INFORMATION POSTED

 

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

 

5. OUR SITE CHANGES REGULARLY

 

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

 

6. SERVICE ACCESS

 

6.1 While we endeavour to ensure that this Site is normally available 24 hours a day, we will not be liable if for any reason this Site is unavailable at any time or for any period.
6.2 Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

 

7. OUR LIABILITY

 

7.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
(c) loss of income or revenue;
(d) loss of business;
(e) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time;

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
7.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7.3 Nothing in these Terms shall exclude or limit our liability for

(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(b) fraud;
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.

7.4 To the maximum extent permitted by law, we provide you with this Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to this Site.

 

8. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

 

8.1 We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
8.2 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Site will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material: whether for its content, accuracy or otherwise. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
8.3 We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property right, or of their right to privacy.

 

9. TRANSACTIONS CONCLUDED THROUGH OUR SITE

 

Contracts for the supply of Goods formed through our site or as a result of visits made by you are governed by our Terms and Conditions of supply.

 

10. UPLOADING MATERIAL TO OUR SITE

 

10.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our 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 indemnify us for any breach of that warranty.
10.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
10.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
10.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

 

11. VIRUSES, HACKING AND OTHER OFFENCES

 

11.1 You must not misuse our 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
11.2 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 our site will cease immediately.
11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

12. LINKING TO OUR SITE

 

12.1 If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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. Subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the our logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own; 
(d) you do not misrepresent your relationship with us nor present any other false Information about us; 
(e) you do not otherwise use any of the trade marks displayed on this Site without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to withdraw linking permission without notice and to take any action we deem appropriate.

12.2 The website from which you are linking must comply in all respects with the provisions of these Terms.
12.3 You must not establish a link from any website that is not owned by you.
12.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
12.5 If you wish to make any use of material on our site other than that set out above, please address your request to sales@crowdcolour.com.
12.6 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 12.1.

 

13. LINKS FROM OUR SITE

 

Where our 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, and accept no responsibility for them or for any loss or damage that may arise from your use of them, and accept no responsibility for them or for any loss or damage that may arise from your use of them or their content or availability.  We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.

 

14. DISCLAIMER

 

14.1 If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you assume responsibility for all costs thereof.
14.2 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms & Conditions by you, or your use of this Site, or the use by any other person using your registration details.
14.3 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

 

15. JURISDICTION AND APPLICABLE LAW

 

15.1 The English courts will have [non]-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
15.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

16. TRADE MARKS

 

 

 

17. VARIATIONS

 

 

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

 

18. YOUR CONCERNS

 

If you have any concerns about material which appears on our site, please contact sales@crowdcolour.com

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website www.crowdcolour.com (the Site) (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms of Website Use.

The www.crowdcolour.com website is operated by: Crowd Colour Ltd., a company registered in England and Wales, whose registered office is Unit 1, Ashford House, Abergelly Rd, Fforestfach Ind Est, Swansea SA5 4DY. Our company registration number is 10616316. Our VAT registration number is 264116422. Our contact details are as follows: Trading address: Crowd Colour Ltd, Unit 1, Ashford House, Abergelly Rd, Fforestfach Ind Est, Swansea SA5 4DY. General email: info@crowdcolour.com Telephone number: 01792 586564.

1. PROHIBITED USES

1.1 You may use our site only for lawful purposes. You may not use our site:

(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm minors in any way.
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

1.2 You also agree:

(a) Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use.
(b) Not to access without authority, interfere with, damage or disrupt:

(i) any part of our site;
(ii) any equipment or network on which our site is stored; 
(iii) any software used in the provision of our site; or 
(iv) any equipment or network or software owned or used by any third party.

 

2. INTERACTIVE SERVICES

 

2.1 We may from time to time provide interactive services on our site, including, without limitation:

(a) Chat rooms.
(b) Bulletin boards.

2.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
2.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
2.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
2.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

3. CONTENT STANDARDS

 

3.1 These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
3.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

3.2.1 Contributions must:

(a) Be accurate (where they state facts).
(b) Be genuinely held (where they state opinions).
(c) Comply with applicable law in the UK and in any country from which they are posted.

3.2.2 Contributions must not:

(a) Contain any material which is defamatory of any person.
(b) Contain any material which is obscene, offensive, hateful or inflammatory.
(c) Promote sexually explicit material.
(d) Promote violence.
(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) Infringe any copyright, database right or trade mark of any other person.
(g) Be likely to deceive any person.
(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) Promote any illegal activity.
(j) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(k) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(k) Give the impression that they emanate from us, if this is not the case.
(l) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

4. SUSPENSION AND TERMINATION

4.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
4.2 Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Website Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

(a) Immediate, temporary or permanent withdrawal of your right to use our site.
(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
(c) Issue of a warning to you.
(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(e) Further legal action against you.
(f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

4.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

5. CHANGES TO THE ACCEPTABLE USE POLICY

 

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.