Terms & Conditions of Use
THESE TERMS APPLY TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE
DOMAIN NAME
(“WEBSITE”) AND TO ANY
CORRESPONDENCE BY E-MAIL BETWEEN US AND YOU. PLEASE READ THESE TERMS CAREFULLY
BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT
THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO PURCHASE PRODUCTS
FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
This Website is operated from the U.K. by COBA Europe Limited (“the
Company”), Marlborough Drive, Fleckney, Leics, LE8 8UR (Company no:
5040377).
1. INTRODUCTION
1.1 The Company controls the Website from the UK and therefore does not represent
that its contents will be appropriate in all jurisdictions. If you choose
to access the Website from countries outside the UK you must ensure compliance
with local laws. The use of the Website is subject to you accepting the
following terms and conditions.
1.2 By accessing any part of this Website, you shall be deemed to have accepted
these terms in full. If you do not accept these terms in full, you must leave
this Website immediately.
1.3 The Company may revise these terms at any time. You should check this
Website from time to time to review the then current terms because they are
binding on you. Certain provisions of these terms may be superseded by expressly
designated legal notices or terms located on particular pages on this Website.
2. LICENCE
2.1 You are permitted to print and download extracts from this Website on
the following basis:
(a) no documents or related graphics on this Website are modified in any
way;
(b) no graphics on this Website are used separately from accompanying text;
(c) the Company’s copyright notice and this permission notice appear
in all copies; and
(d) the material and content are only downloaded for the purposes of you
using this Website to view and/or order products from the Company and not
for any other purpose.
2.2 This Website or any portion of this Website may not be reproduced, duplicated,
copied, sold, resold, visited or otherwise exploited for any commercial purpose.
2.3 Unless otherwise stated, the copyright and other intellectual property
rights in all material on this Website (including without limitation photographs
and graphical images) are owned by the Company or its licensors. For the
purposes of this legal notice, any use of extracts from this Website other
than in accordance with paragraph 2.1 above for any purpose is prohibited.
If you breach any of these terms, then (without prejudice to any other rights
the Company may have) your permission to use this Website automatically terminates
and you must immediately destroy any downloaded or printed extracts from
this Website
2.4 You may download and print extracts from this Website only as permitted
by these terms and conditions. No right, title or interest in any downloaded
materials or software is transferred to you by such downloading.
2.5 Subject to paragraph 2.1, no part of this Website may be reproduced or
stored in any other website or included in any public or private electronic
retrieval system or service without the Company’s prior written permission.
2.6 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While the Company endeavours to ensure that this Website is normally
available 24 hours a day, the Company will not be liable if for any reason
this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice
in the case of system failure, maintenance or repair of for reasons beyond
the Company’s control.
3.3 The Company reserves the right to revise these terms and conditions,
information, materials and notices on this Website from time to time or to
temporarily or permanently discontinue this Website or any part of it from
time to time without notice.
3.4 The Company does not warrant that your use or access to this Website
will be uninterrupted or error or virus free nor shall it have any liability
for damage caused by hostile software which may affect or infect your computer
equipment or property on account of your use or of or browsing on the Website
or your downloading of any material.
4. VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, which is covered under
the Privacy Policy [Privacy Policy], any material you transmit or post
to this Website will be considered non-confidential and non-proprietary.
The Company will have no obligations with respect to such material. The
Company and its designees 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.
4.2 You are prohibited from posting or transmitting to or from this Website
any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory, menacing,
scandalous, inflammatory, blasphemous, in breach of confidence, in breach
of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the law
of or infringe the rights of any third party, in the UK or any other country
in the world; or
(d) which is technically harmful (including, without limitation, computer
viruses, logic bombs, Trojan horses, worms, harmful components, corrupted
data or other malicious software or harmful data).
4.3 You may not misuse the Website (including without limitation, by hacking).
4.4 The Company will fully co-operate with any law enforcement authorities
or court order requesting or directing the Company to disclose the identity
or locate anyone posting any material in breach of paragraphs 4.2 or 4.3.
4.5 You understand that you, and not the Company, are responsible for all
electronic communications and content sent from your computer to the Company
and you must use the Website for lawful purposes only.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website are provided solely for
your convenience. If you use these links, you leave this Website. The Company
has not reviewed all of these third party websites and does not control
and is not responsible for these websites or their content. The Company
therefore does 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
Website, you do so entirely at your own risk.
5.2 You may not link to this Website without the prior written consent of
a director of the Company
6. DISCLAIMER
6.1 While the Company endeavours to ensure that the information on this Website
is correct, the Company does not warrant the accuracy and completeness
of the material on this Website. The Company may make changes to the material
on this Website, or to the products and prices described in it, at any
time without notice. The material on this Website may be out of date, and
the Company makes no commitment to update such material.
6.2 The material at this Website is provided ‘as is’ without
any conditions, warranties or other terms of any kind. Accordingly, to the
maximum extent permitted by law, the Company provides you with this Website
on the basis that the Company excludes all representations, warranties, conditions
and other terms which but for these terms might have effect in relation to
this Website.
7 LIABILITY
7.1 The Company, any other party (whether or not involved in creating, producing,
maintaining or delivering this Website), and any of the Company’s
group companies and the officers, directors, employees, shareholders or
agents of any of them, exclude all liability and responsibility for any
amount or kind of loss or damage that may result to you or a third party
(including without limitation, any direct, indirect, punitive or consequential
loss or damages, or any loss of income, profits, goodwill, data, contracts,
use of money, or loss or damages arising from or connected in any way to
business interruption) and whether in tort (including without limitation
negligence, contract or otherwise) in connection with this Website in any
way or in connection with the use, inability to use or the results of use
of this Website, any websites linked to this Website or the material on
such websites, including but not limited to loss or damage due to viruses
that may infect your computer equipment, software, data or other property
on account of your access to, use of, or browsing this Website or your
downloading of any material from this Website or any websites linked to
this Website.
7.2 Nothing in this legal notice shall exclude or limit the Company’s
liability for:
(i) death or personal injury caused by negligence (as such term is defined
by the Unfair Contract Terms Act 1977);
(ii) fraud;
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.
7.3 If your use of material on this Website results in the need for servicing,
repair or correction of equipment, software or data, you assume all costs
thereof.
8 GOVERNING LAW AND JURISDICTION
8.1 These terms shall be governed by and construed in accordance with English
law. Disputes arising in connection with these terms shall be subject to
the jurisdiction of the English courts.
9 GENERAL
9.1 If any of these terms and conditions are illegal, invalid or unenforceable,
this shall not affect the validity or enforceability of the remaining terms
and conditions.
9.2 The Company may assign its rights and obligations under these terms and
conditions and these Conditions will inure to the benefit of our successors,
assignees and licensees.
9.3 The failure of either party to insist upon or enforce the performance
of the other party in respect to any provision of these terms and conditions,
or to exercise any right under these terms and conditions will not be construed
as a waiver of such rights.