Terms and Conditions
PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THIS COURSE.
This online course "The language of colour" (the ‘Course’) is owned, operated and maintained by Colour Comfort Ltd. and has been created for your information, education and communication.
Your access to and use of this Course is conditional upon your acceptance of and compliance with the terms and conditions contained in this document (‘Terms and Conditions’).
By accessing and browsing the Course you accept, without qualification or limitation, these Terms and Conditions.
Intellectual Property
All copyright in any
information, text, materials, graphics and software (‘Content’) on this Course
is owned by Colour Comfort Ltd. The Content is protected by both New Zealand and
International copyright laws. All names, logos and trademarks are the property
of Colour Comfort Ltd. or his affiliates.
Nothing contained on the Course should be construed as granting any licence or right of use of
any trademark displayed on the Course without the prior express written permission of
Colour Comfort Ltd.
Restrictions on Use
This Course is available
only for your personal, non-commercial use. You
may: (1) print copies of the Content for your personal use only; (2) store the
files on your own computer for your personal use only; (3) reference hypertext documents on this server from your own
documents; and (4) if you are an Internet Service Provider, supply the Content
to your subscribers.
You must not:
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copy, modify, republish, transmit or distribute the Content in any form unless you receive prior written authorisation from Colour Comfort Ltd; or
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use the Course in any manner or for any purpose which is unlawful or in any manner which violates any right of Colour Comfort Ltd. or which is prohibited by the Terms and Conditions.
Jurisdiction
The products referred to in
this Course are available in New Zealand and may not be available in your
country. This Course is controlled and operated by Colour Comfort Ltd. and
Colour Comfort Ltd. makes no representation that the information and materials in this Course, including without limitation the information and
other materials promoting the products identified herein, are appropriate or available for use
in other locations.
Disclaimer of warranties
Colour Comfort Ltd.
makes no representations or warranties regarding the accuracy, reliability or
completeness of the content. The trade practices act, 1974(cth) and
certain corresponding state legislation and similar new zealand legislation imply terms, conditions and warranties into some contracts for the supply
of goods and services and prohibit the exclusion, restriction and modification of such
terms (”prescribed terms”).
Except as provided by prescribed terms, all terms, conditions and warranties express or implied by custom, law or statute in any way relating to access to, or non-access to, this Course or your use of, or reliance upon, this Course or the contents hereof are hereby excluded. Colour Comfort Ltd. does not warrant expressly or implicitly that your acccess to the Course (or any Course linked in any way to this Course) will be uninterrupted or error free. Colour Comfort Ltd. does not warrant expressly or implicitly that any defects will be corrected or that the Course (or any Course linked in any way to this Course) or the server which stores and transmits content to you are free of viruses or any other harmful components.
Limitation of liability
Except as provided
by
the Prescribed Terms, Colour Comfort Ltd. shall not be liable for any indirect, incidental, special
and/or consequential damages including but not limited to loss of profits arising out of your access to, or inability to
access, this Course or your use of, or reliance upon, this Course or
the Content hereof.
In addition, Colour Comfort Ltd. has no duty to update this Course or the Content hereof and Colour Comfort Ltd. shall not be liable for any failure to update such information. To the maximum extent permitted by law Colour Comfort’s liability for breach of any Prescribed Term is limited at the option of Colour Comfort Ltd. to the following:
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in the case of services supplied or offered by Colour Comfort Ltd.: (a) the supply of the services again; or (b) the payment of the cost of having services supplied again.
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in the case of goods supplied or offered by Colour Comfort Ltd.: (a) the replacement of the goods; or (b) the supply of equivalent goods; or (c) the payment of the cost of replacing the goods or acquiring equivalent goods.
Links
Colour Comfort Ltd. disclaims all
warranties with regard to the content of or otherwise relating to other web
sites or resources linked in any way to this Course. Any links to a third party
Sites are provided for convenience only. Colour Comfort Ltd. is not responsible
for and makes no representations concerning the condition and content of, or
products offered at the third party site. A link does not indicate, expressly or
implicitly, that Colour Comfort Ltd. endorses the
Course or the products or services offered there. Your access to any linked Course and
use of any products and services offered there is at your own risk. Governing Law Any disputes relating to the
Content or otherwise relating to this Course shall be governed by the laws
of New Zealand.
Privacy
Any personal data you transmit to the Course by electronic mail or otherwise, will
be used by Colour Comfort Ltd. in accordance with the Privacy Policy displayed
on this Course.
Future Changes
Colour Comfort Ltd. may at
any time at his absolute discretion revise this Legal Statement including any or all of the Terms and Conditions. By
continuing to use this Course after any revisions are made you are bound
by such revisions.
Other
Colour Comfort Ltd., in its sole
discretion, reserves the right to monitor and remove postings and discontinue
Course availability at any time without notice. If any term, condition, or
provision of this Legal Statement is determined to be unlawful, invalid, void,
or for any reason unenforceable, the validity and enforceability of the
remaining terms, conditions and provisions shall not in any way be affected or
impaired thereby. This Legal Statement constitutes the entire agreement between you and Colour Comfort Ltd. relating to the subject matter
herein. By using this Course, you are acknowledging your consent to the foregoing
terms and conditions.
Privacy Statement
This policy sets out how
Colour Comfort Ltd. uses your personal information. Colour Comfort Ltd.
will only use your personal information in the ways specified when it was
collected.
Colour Comfort Ltd. will not subsequently change
the way in which your personal information is used, unless you consent to
the new usage.
Email Addresses & Contact
Information
Colour Comfort Ltd. collects email addresses for the purpose of sending the Colour
Comfort colour tips.
Security Information
Colour Comfort Ltd.
protects the personal information you share. For example, if Colour Comfort Ltd.
needs to ship something to you, your name and address may be shared with a
shipping company.
Colour Comfort Ltd. provides third-party agents with the
minimum amount of information needed to complete the requested service or
transaction. Your personal information will not be shared in other ways with
third-parties, unless you have granted Colour Comfort Ltd. permission to do
so.
Colour Comfort Ltd. respond to court orders or legal process. Resorts
also may choose to establish or exercise our legal rights or defend against
legal claims.
Colour Comfort Ltd. may collect and possibly share information in order
to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of
any person, violations of Colour Comfort Ltd. terms of services, or as otherwise
required by law.
Data Retention
Colour Comfort Ltd. will not
keep your personal information longer than is necessary for the purposes for
which it was collected.