1.1 These Terms and Conditions (hereinafter, referred to as “the Terms”) for the website http://www.coloursofnature.com (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (hereinafter, referred to as “user”, “you”, “your”) of the Website and N-ssentials LTD, an UK company, having a registered office at Apt 3912, Chynoweth House,Trevissome Park, Truro TR4 8UN, United Kingdomand trading as Colours of Nature (hereinafter, referred to as the “Company”, “us”, “we”, “our”)
1.2 The Website is a lifestyle magazine providing information and general advice in the fields of nutrition, health, wellness, and travelling.
1.3 By using the Website, you accept these Terms in full; accordingly, if you disagree with these Termsor any part of these Terms, you must not use the Website.
1.4 If you register with the Website or use any of services available on the Website, we will ask you to expressly agree to these Terms.
1.5 You must be at least 16 years of age to use the Website; by using the Website or agreeing to these Terms, you warrant and represent to us that you are at least 16 years of age.
1.7 If you prefer, you can subscribe for our newsletter. You can do so by using “Sign up for newsletter” functionality, which is available on the Website. You can unsubscribe from our newsletter by using the unsubscribe link included in any newsletter submitted by the Company to you.
2. Copyright notice
2.1 Copyright (c) 2017Colours of Nature
2.2 Subject to the express provisions of these Terms:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in the Website and the material on the Website; and
(b) all the copyright and other intellectual property rights in the Website and the material on the Website are reserved.
3. Licence to use the Website
3.1 You may:
(a) view pages from the Website in a web browser;
(b) download pages from the Website for caching in a web browser;
(c) print pages from the Website; and
(d) purchase e-books, distant courses and other digital products provided by us(hereinafter, referred to as the “Digital Products”) from the Website;
subject to the other provisions of these Terms.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these Terms, you must not download any material from the Website or save any such material to your computer.
3.3 You may only use the Website for your own personal purposes, and you must not use the Website for any other purposes.
3.4 Except as expressly permitted by these Terms, you must not edit or otherwise modify any materials on the Website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from the Website (including republication on another website);
(b) sell, rent or sub-license material from the Website;
(c) show any material from the Website in public;
(d) exploit material from the Website for a commercial purpose; or
(e) redistribute material from the Website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of the Website or the whole Website at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
4. Acceptable use policy
4.1 You must not:
(a) usethe Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
(b) usethe Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) usethe Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities, including, without limitation, scraping, data mining, data extraction and data harvesting on or in relation to the Website without our express written consent;
(e) access or otherwise interact with the Website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for the Website; or
(g) use data collected from the Website for any direct marketing activity, including, without limitation, email marketing, SMS marketing, telemarketing and direct mailing.
4.2 You must not use data collected from the Website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through the Website, or in relation to the Website, is true, accurate, current, complete and non-misleading.
5. Digital Products
5.1 The advertising of Digital Products on the Websiteconstitutes an “invitation to treat” rather than a contractual offer.
5.2 It is possible that prices on the Website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.3 Save to the extent expressly provided otherwise, these Terms shall not govern the sale, purchase or licensing of the Digital Products, or any other matters relating to the Digital Products. The sale and purchase of the Digital Products through the Website, and the licensing of those Digital Products, will be subject to our Digital Products Terms and Conditions, and we will ask you to agree to the Digital Products Terms and Conditions each time you make a purchase on the Website.The Digital Products Terms and Conditions are available at https://www.coloursofnature.com/digital-products-terms .
5.4 Any reviews of the Digital Products that you submit for publication on the Website shall be subject to the terms of Section 8 of these Terms.
6. Registration and accounts
6.1 You may register for an account with the Website by using your Facebook account.
6.2 You must not allow any other person to use your account to access the Website.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person’s account to access the Website, unless you have that person’s express permission to do so.
6.5 You are responsible for any activity on the Website arising out of any failure to keep your login credentials confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details;
if you fail to act in accordance with these Terms at any time in our sole discretion without notice or explanation.
7.2 You may cancel your account on the Website by using your account control panel available on the Website.
8. Your comments
8.1 The Website offers users the opportunity to publish comments on the Website. You warrant and represent that your comments will comply with these Terms.
8.2 Your comments must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
8.3 You agree not to submit any comments and other material on the Website that:
(a) violate any applicable laws;
(b) contain malware (e.g., viruses, worms, and Trojan horses) or redirect to websites containing malware;
(c) violate the intellectual property rights of others;
(d) are copied from other websites;
(e) are ethnically, racially, or otherwise objectionable;
(f) are sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene;
(g) advertise or encourage the use of tobacco or alcohol;
(h) advertise or encourage the use of illegal substances;
(i) are a form of spam or other illegal messaging;
(j) contain links to other websites;
(k) do not contain a solid content; and
(l) contain promotions of products or services.
8.4You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your commentsin any existing or future media.
8.5 You grant to us the right to sub-license the rights licensed under Section 8.4 of these Terms.
8.6 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.4 of these Terms.
8.7 Without prejudice to our other rights under these Terms, if you breach any provision of these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, unpublish or edit any or all of your comments.
9. Report abuse
9.1 If you learn of any unlawful material or activity on the Website, or any material or activity that breaches these Terms, please contact us by using contact details indicated in Section 21.3 of these Terms.
10. Limited warranties
10.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on the Website;
(b) that the material on the Website is up to date; or
(c) that the Website will remain available.
10.2 We put reasonable efforts to ensure that the Website is always available. Nevertheless, we cannot guarantee that the Website would be always available because the availability of the Website may be affected by factors, which we cannot control, e.g., bandwidth problems, equipment failure, or acts of God. We do not accept any responsibility for the unavailability of the Website caused by such factors.
10.3 We reserve the right to discontinue or alter any or all of the Digital Products available on the Website, and to stop publishing the Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the Digital Products, or if we stop publishing the Website.
10.4 To the maximum extent permitted by applicable law and subject to Section 11.3 of these Terms, we exclude all representations and warranties relating to the subject matter of these Terms, the Website and the use of the Website.
11. Limitations and exclusions of liability
11.1 The Website contains nutritional, health, wellness, travel, and other types of information and advice. The Website does not constitute a physician, dietician, psychologist, travel agent, and other types of specialists and does not include treatment or diagnosis of specific illnesses or disorders. By using the Website, you acknowledge that you understand that the information provided on the Website is of a general nature and cannot constitute a consultation and advice provided by a specialist.
11.2 UNLESS OTHERWISE STATED IN THE APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED DAMAGES ARISING OUT OR IN CONNECTION WITH THE INFORMATION PUBLISHED ON THE WEBSITE.
11.3 Nothing in these Terms will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.4 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these Terms:
(a) are subject to Section 11.3; and
(b) govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms.
11.5 To the extent that the Website, the information, and the Digital Products on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.
11.6 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.7 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.8 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.9 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.10 You accept that we have an interest in limiting the personal liability of our officers, employees,contributors, and contractors having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers, employees, contributors, and contractors in respect of any losses you suffer in connection with the Website or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers, employees, contributors, and contractors).
12. Breaches of these Terms
12.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Website;
(c) permanently prohibit you from accessing the Website; and
(d) suspend or delete your account on the Website.
12.2 Where we suspend or prohibit or block your access to the Website or a part of the Website, you must not take any action to circumvent such suspension or prohibition or blocking, including, without limitation, creating and/or using a different account.
13. Third party websites
13.1 The Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
13.2 We have no control over third party websites and their contents, and subject to Section 11.3 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
14.1 We may revise these Terms from time to time.
14.2 The revised Terms shall apply to the use of the Website from the date of publication of the revised Terms on the Website. We will notify you about any amendments of these Terms by publishing a notice on the Website or sending you an email. The revised Terms will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised Terms, you must stop using the Website.
14.3 If you have given your express agreement to these Terms during the registration of your account on the Website, we will ask for your express agreement to any revision of these Terms; and if you do not give your express agreement to the revised Terms within such period as we may specify, we will disable or delete your account on the Website, and you must stop using the Website.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.
16.1 If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 A contract under these Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these Terms is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 11.3, these Terms, together with our Privacy and Cookies Policyshall constitute the entire agreement between you and us in relation to your use of the Website and shall supersede all previous agreements between you and us in relation to your use of the Website.
19. Law and jurisdiction
19.1 These Terms shall be governed by and construed in accordance with the UK law.
19.2 Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England, the United Kingdom.
19.3 Any contractual disputes related to provision of online services can also be resolved out-of-court through the web-based Online Dispute Resolution platform developed by the European Commission. The Online Dispute Resolution platform is available in 23 official languages of the European Union at https://webgate.ec.europa.eu/odr .
20. Statutory and regulatory disclosures
20.1 We are registered in the UK Companies House; you can find the online version of the register at https://beta.companieshouse.gov.uk/company/10466708, and our registration number is 10466708.
21. Our details
21.1 The Website is owned and operated byN-ssentials LTD, trading as Colours of Nature.
21.2 We are registered in England and Wales under registration number 10466708, and our registered office and principal place of business is atApt 3912, Chynoweth House Trevissome Park, Truro TR4 8UN, United Kingdom.
21.3 You can contact us:
(a) by email, writing to:firstname.lastname@example.org;
(b) by post, using the following postal address:
Apt 3912 Chynoweth House
Truro TR4 8UN
United Kingdom; or
(c) by phone: +44 (0) 7588971182.
22. Last amendment
22.1 These Terms have been last amended on 24th of April 2017.