Website Terms and Conditions
Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the 'Website') and in particular clause 11.3
The Website is owned and operated by Colloidal Earth ('we'/'us'/'our'), a limited company (trading as Colloidal Earth Ltd.com), registered in England and Wales under company number: 11006394 having our registered office at Colloidal Earth Ltd, The Lewis Building, Bull Street, Birmingham B4 6EQ
The term 'you' refers to the user or viewer of our Website.
You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at any time because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
Registering on this Website
When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
By registering on the Website you under
That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects
You will notify us immediately of any changes to the information provided on registration
You are over 18 or if under 18 you have a parent or guardian's permission to register with the Website in conjunction with and under their supervision
To only use the Website using your own username and password
To make every effort to keep your password safe
Not to disclose your password to anyone
To change your password immediately upon discovering that it has been compromised
To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
You authorise us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
Eligibility to purchase from the Website
To be eligible to purchase the Goods and Services on this Website and lawfully enter into and form contracts with us, you must:
Be 18 years of age or over
Be legally capable of entering into a binding contract
Provide full details of an address in the United Kingdom or the European Economic Area (if you reside in the EEA) for the performance or delivery of the Goods and Services
If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Colloidalearth.com, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
No licence is granted to you to use any of our trade marks or those of our affiliated companies.
It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
We will not be liable to you if the Website is unavailable at any time.
We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
Any prices and offers are only valid at the time they are published on the Website.
All prices and descriptions supersede all previous publications.
Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
Use of the Website
You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.
We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
We reserve the right to:
Make changes to the information or materials on this Website at any time and without notice to you.
Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.
Refuse to post material on the Website or to remove material already posted on the Website
You may not use the Website for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
Breaching any applicable local, national or international laws, regulations or code of practice
Gaining unauthorised access to other computer systems
Interfering with any other person's use or enjoyment of the Website
Breaching any laws concerning the use of public telecommunications networks
Interfering with, disrupting or damaging networks or websites connected to the Website
Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
To create and/or publish your own database that features all or substantial parts of the Website
Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
In addition, you must not:
Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
Attack the Website via a denial-of-service attack or a distributed denial-of service attack
Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Suspending or terminating your access
We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
You fail to make any payment to us when due
You breach the terms of these terms and conditions (repeatedly or otherwise)
You are impersonating any other person or entity
When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
You undertake that any review, feedback or rating that you write shall:
Comply with applicable law in the UK and the law in any country from which they are posted
Be factually accurate
Contain genuinely held opinions (where applicable)
Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach any legal duty you owe to a third party
Not be used to impersonate any person, or to misrepresent your identity
You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
We reserve the right to publish, edit or remove any reviews without notifying you.
Linking to the Website
You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
Any agreed link must be:
To the Website's homepage
Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
The privacy practices of such websites
The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
The use which others make of these websites
Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
Limitation of liability and indemnity
Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
Death or personal injury resulting from our negligence
Fraud or fraudulent misrepresentation
Action pursuant to the Consumer Rights Act 2015
Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are foreseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
Any loss of goodwill or reputation; or
Any special or indirect losses; or
Any loss of data
Wasted management or office time
Any other loss or damage of any kind
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
This clause does not affect your statutory rights as a consumer.
We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
All Contracts are concluded and available in English only.
If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Governing law and jurisdiction
The Website is controlled and operated in the United Kingdom.
These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
© Copyright Colloidal Earth Ltd 2018. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of Colloidal Earth Ltd
TERMS AND CONDITIONS OF USE
Welcome to the corporate website of Colloidal Earth Ltd (http://www.colloidalearth.co.uk/colloidalearth.com). Use of this site is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. The information and materials provided by Colloidal Earth Ltd may be used for informational purposes only. By using, accessing or downloading materials from this website you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the Colloidal Earth Ltd website, both now and in the future. Colloidal Earth Ltd may at any time revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of Use, please do not use this website.
You may view, download and copy information and materials available on this website solely for your personal, non-commercial use. You may also use such material within your organisation in connection with the support of Colloidal Earth Ltd’s products. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorised. Any violation of the foregoing may result in civil and/or criminal liabilities.
OWNERSHIP OF INFORMATION AND MATERIALS
The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this website are the copyrighted works of Colloidal Earth Ltd and any unauthorised use of that information or materials may violate copyright, trademark and other laws. Any rights not expressly granted herein are reserved.
Colloidal Earth Ltd’s trademarks may be used only with written permission from Colloidal Earth Ltd. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Colloidal Earth Ltd any third party.
LINKS TO OTHER WEBSITES
As a convenience and to make the Colloidal Earth Ltd website truly service oriented we have included links to complementary sites on the Internet. These sites are owned and operated by third parties. Colloidal Earth makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from the Colloidal Earth Ltd website is not an indication that Colloidal Earth Ltd endorses the third party or its site, or has any affiliation with or between Colloidal Earth Ltd and the third party hosting site.
All comments, feedback, information or materials submitted to Colloidal Earth Ltd through or in association with this website shall be considered non-confidential and Colloidal Earth Ltd 's property. By submitting such comments, information, feedback, or materials to Colloidal Earth, you agree to a no-charge assignment to Colloidal Earth Ltd of worldwide rights to use, copy, modify, display and distribute the submissions. Colloidal Earth Ltd may use such comments, information or materials in any way it chooses in an unrestricted basis.
The Colloidal Earth Ltd Internet team strives to provide you with useful, accurate, and timely information on this website. Accordingly, Colloidal Earth Ltd has attempted to provide accurate information and materials on this website but assumes no responsibility for the accuracy and completeness of that information or materials. Colloidal Earth Ltd may change the content of any information or materials available at this website, or to the products described in them, at any time without notice. However, Colloidal Earth Ltd makes no commitment to update the information or materials on this website which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of Colloidal Earth Ltd. Neither Colloidal Earth Ltd reserves, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on Colloidal Earth Ltd's website. Colloidal Earth Ltd reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this website.
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND COLLOIDAL EARTH LTD DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL COLLOIDAL EARTH LTD BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
TERMINATION OF USE
Colloidal Earth Ltd may, in its sole discretion, terminate or suspend your access to all or part of the Colloidal Earth Ltd website, including, but not limited to any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.
GOVERNING LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the England and Wales exclusive of its choice of law principles. The England and Wales courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.