Terms and Conditions
Colour Academy Ltd
Registered in England and Wales No.417520
Registered Office 11/15 William Road London NW1 3ER UK
In these Terms and Conditions, the following words and phrases shall bear the following meanings:
International Colour Authority (ICA) is a product owned and operated by Colour Academy Limited, PO Box 6356, London, W1A 2WA.
· "Services" means services provided by ICA includes but is not limited to ICA Colour Forecast
· "User" means any person who accesses or uses The ICA site or Services.
· "Data" means data or information in any format, whether existing at the time of registration or not, which is communicated or transmitted to the User in accordance with a Service.
· "Personal Information" means Personal Data as defined in the Data Protection Act 1998 as amended.
1. By accessing or using any of the Services the User acknowledges and agrees to be bound by these Terms and Conditions.
2. The User agrees to fully comply with these Terms and Conditions, including the acceptance of liability as detailed in clauses 4 and 5.
3. Each User is allocated a unique user name and password for the authorised use of the User only. These are not transferable, and the User shall keep them strictly confidential and secure.
4. The User shall indemnify ICA against any unauthorised use of his/her user name and password, including use by a third party where the User has allowed or facilitated that third party to have access to any Data received in conjunction with any of the Services, however so received.
5. The User shall indemnify ICA against all costs, claims, demands or expenses incurred by or made against ICA as a result of any breach of these Terms and Conditions or howsoever arising.
6. ICA takes the privacy of its Users seriously. It is committed to safeguarding the privacy of its Users.
No information collected by ICA will be provided to any third party without the users express consent.
ICA commits never to store the users credit card information on any ICA system.
7. ICA, its agents or representatives shall have no liability whatsoever to the User for any direct, indirect or consequential loss or special loss or damage, cost or expense suffered or incurred by the User (whether arising in tort, contract or otherwise, and whether arising from the negligence, breach of contract, defamation, infringement of copyright or other intellectual rights) caused by use of The ICA site or from the negligence of its employees or agents or licensors, and whether asserted against ICA or against any third party in relation to the use of Services.
8. ICA does not make any representation or give any warranty, either express or implied,
in relation to; any information, goods or services offered, accessed or obtained through The ICA Site
in relation to warrantees of title, non infringement of copyright or patent rights of others, merchantability, or fitness or suitability for any purpose;
for the content, accuracy, integrity, lawfulness or otherwise of information on websites over which OCA has no control;
· as to the suitability of the information and data on The ICA site for any particular purpose;
· that the information and data on The ICA Site is free of infection by computer viruses or other contamination.
9. ICA and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any information, material or content referred to, or included on, or linked from or to The ICA site or services.
10. The ICA site does not purport to provide other professional advice. ICA is not responsible for Users taking or refraining from taking actions on the basis of information provided by The ICA Site.
11. Although every care is taken in the preparation of information supplied by ICA site, ICA is not responsible for any loss suffered as a result of any action taken or refrained from being taken as a result of any information contained in ICA site or supplied by ICA..
TRADE MARKS AND INTELLECTUAL PROPERTY
12. All rights in "International Colour Authority" are reserved.
13. ICA reserves the right to prohibit access by person(s) to the Services at its sole discretion.
14. ICA reserves the right to remove, alter, change or vary the Services at any time without notice.
APPLICABLE LAW AND JURISDICTION
15. The provision of the Services is governed by the Laws of England and shall be subject to the jurisdiction of the English courts.
16. ICA reserves the right to vary or amend these Terms and Conditions at any time without notice.
17. The ICA site contains a downloadable example of the ICA product. This example may be downloaded so that the prospective purchaser can ensure that the product meets their needs, and if there is any doubt the prospective purchaser should not go ahead with the purchase and download of the full product because ICA does not provide any refunds once payment has been made except as set out in CANCELLATION POLICY below.
18. Electronic delivery of the password allowing the client to access the online reports and downloads will be made without fail within 24 hours of the payment clearance.
19. Any client may cancel their order by emailing a cancellation request to email@example.com if that cancellation is received prior to a password and user name being provided. In this case a full refund will be provided. No cancellation will be accepted once the password and user name have been transmitted as this action effectively gives the client access to the product.
The Company is the owner of the copyright on the intellectual property rights the contents of the website and online information listed in Schedule ‘A’. Access to this content is provided by The Company to The Subscriber through passwords issued by The Company and on these terms and conditions.
The Subscriber is a Subscriber to this content, and has requested the right to receive a copy of the content (hereafter The Content).
Subject to the above The Company and The Subscriber mutually agree to the following:
The Company hereby grants to The Subscriber a non-exclusive, non-transferable license to view and download the Content according to the specified on the terms and conditions contained herein.
The Content shall be used only for Subscribers internal purposes, but may not be re-published nor passed to third parties, whether by way of trade or otherwise without the written agreement of The Company.
The Subscriber may use the Content on any computer owned by The Subscriber. There is no limitation as to the Subscribers right to move the software to other computers owned by The Subscriber.
The Subscriber may make such copies of The Content as are necessary for security purposes. This license and the restrictions herein apply to any such copies.
The Subscriber may not transfer the management of the license to another organization except with the consent in writing of The Company.
The Subscriber may not, without prior written consent of The Company modify The Content or incorporate The Content in other content without the consent of The Company.
Title, copyright and all other proprietary rights in The Content shall remain vested in The Company.
The Subscriber agrees to indemnify, defend and hold The Company harmless from and against any loss, damage, costs liability and expenses (including legal and professional fees) arising out of any claim or legal action taken against The Subscriber related to or in any way connected with any use by The Subscriber of The Content.
Except as expressively provided in this license, The Company makes no representations nor gives warranties of any kind, express on implied, including (but not limited to) warranties of design and accuracy of the information contained in its material.
The International Colour Authority Forecasts