These Terms and Conditions (the “Terms”), govern your use of this website at www.thecoloringcoach.com (the “Site”) and the services (“Services”) and/or products provided through the Site (“Products”). By using the Site or Services, you agree to these Terms which constitute a legal agreement between you and Shan Marshall of 22 Broadway, Ketley, Telford, Shropshire, TF1 5AT, the operators of the Site (“Us” or “We” or “Our”).
PLEASE READ CAREFULLY. Do not use this Site or Services if you do not accept and understand these Terms. We reserve the right to change these Terms without notice and at our sole discretion. So please return to this page periodically to check for any changes. Your continued use of the Site or Services after such changes signifies your acceptance of any updated Terms.
1. Permitted Use.
You may only use the Site and Services if you are legally permitted and legally capable to use them. You must ensure that your use of the Site or Services complies with all applicable laws, including your purchase or use of Services or Products which may not be permitted in your State, country or applicable jurisdiction. You must at all times ensure your compliance with applicable law which is your sole responsibility.
We provide our Services and Products for the prices displayed on the Site or as per requested quotation. Although we do our best to ensure accuracy, at times the Site may contain typographical errors or inaccurate information. We reserve the right to correct any errors or inaccuracies and to provide the Services and Products at the corrected price at any time prior to delivery. We reserve the right to refuse or cancel any orders placed for Services or Products listed at the incorrect price, whether or not the order has been confirmed and you have been charged. Services and Products are subject to availability.
We accept the forms of payment described on the Site. By requesting Services or Products, you agree to immediate full payment. We reserve the right to not provide Services or Products unless full payment has been received.
4. Submitting Information.
You may need to provide certain information in order to ensure delivery of Services or Products to you. For example, you may need to provide your current email address. You are responsible for submitting correct and accurate information. Failure to do so may result in substantial delays in delivery or non-delivery. Submitting inaccurate, misleading or false information is a serious violation of these Terms.
5. No Misuse or Abuse.
You must not use the Site or Services in any manner that violates these Terms. It is strictly forbidden to:
(a) provide false or misleading information;
(b) impersonate others, including impersonating us, our employess, our representatives or users of the Site or Services;
(c) interfere with the security of or cause disruption to or interference with the Site’s operation or the servers or networks that host the Site;
(d) reproduce in any other way, sell, or pass on, distribute, rent, lease or make available to third parties for temporary use, license or hand over the information on the Site or as contained in the Services;
(e) data-mine or harvest information or data about users of the Site or Services without their express consent, including by the use of bots, spiders or other automatic devices to access, monitor, acquire or copy the Site;
(f) use the Site or Services to transmit spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
(g) use the Site or Services in any manner (including by uploading to or otherwise disseminating through this Site material, content or information) which is threatening, harrassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, instructional for committing criminal activity, pornographic or harmful to minors, obviously offensive or racist, or otherwise violates any law or the rights of others;
(h) attempt to obtain unauthorised access to this Site or restricted portions of this Site;
(i) use the Site and/or the Services for any illegal, unlawful or unauthorised activity.
You also agree that you are solely responsible for activities in the course of your use of the Site or Services, and that by engaging in any prohibited use you are committing a serious breach of these Terms.
You may be entitled to a refund depending on the Service or Product you request and subject to your cancellation rights described below. If in doubt, please contact us. In all circumstances you shall be entitled to a refund when:
(a) You have been provided with the wrong or incorrect Service or Product, or
(b) The Product is damaged, defective or flawed on delivery.
7. Cancellation Rights.
If you purchase our Services or Products as a consumer, you have the right to cancel our contract to supply those Services or Products. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have this cancellation right if you are an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession. You have the right to cancel our contract within 14 days without giving any reason. You will not have this right for downloadable Products once the download has started and we have obtained your consent to proceed.
The cancellation period will expire after 14 days from the day on which you or a third party (other than the carrier) acquires physical possession of the goods/Products. If you order multiple goods/Products in one order but these are delivered separately, the cancellation period ends 14 days after the date of possession of the last good.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post to our address specified above, or by e-mail to Shan@downtoearthcoaching.com). You must send us this statement before the cancellation period has expired.
8. Effects of Cancellation.
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than —
(a) 14 days from the day you return any goods supplied, or provide evidence that you have returned them, or
(b) if there were no goods supplied, 14 days from the day on which we are informed about your decision to cancel our contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9. Limited License.
To the extent necessary to operate the Site and to provide you with requested Services or Products, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use any content (including test and images) including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your submitted content. This shall be subject to the applicable data privacy and protection laws.
10. Intellectual Property.
We reserve all rights with respect to our logos, brand, graphics, services marks and trademarks (“Our Marks”), whether or not registered. The Site, Services or Products, may also contain trademarks, service marks, graphics and logos of third parties (“Third Party Marks”). You may not use our Marks or Third Party Marks without our prior written consent. All intellectual property rights in the Site, Services and Products, are protected by copyright, trademark or any other proprietary laws including international treaties. Any violation of intellectual property rights by you will be treated very seriously and without prejudice to full available remedies.
11. Disclaimer & Liability.
Your use of the Site and Services is at your own risk. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of any Services, Products or this Site including the information displayed on the Site. Before purchasing any Services or Products you should always thoroughly research them.
The Site and Services are provided to you without endorsements or guarantees of any kind, including but not limited to guarantee of outcomes or results in using the Products or Services.
YOU EXPRESSLY AGREE THAT THE SITE AND SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES ON THE SITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THE WEBSITE.
TO THE MAXIMUM EXTENT OF THE LAW WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE OR DATA RESULTIN FROM THE USE, MISUSE OR INABILITY TO USE THE SITE AND SERVICES.
Some jurisdictions may not permit or limit exclusion of warranties in which case the above may not apply to you. Your statutory rights remain unaffected.
You agree to indemnify and hold harmless our officers, directors, employees, partners, successors, agents, affiliates or subsidiaries from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with your use of the Site or Services or otherwise arising under these Terms including your actual or alleged violation or breach by you of these Terms.
13. Suspension & Termination.
We reserve the right to suspend or terminate your access to and use of the Site and Services at any time for any reason, especially and including for a breach of these Terms, without notice or liability to you.
We may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to us. You can deliver any notice to us to our address at 22 Broadway Ketley Telford Shropshire TF1 5AT or by e-mail to Shan@downtoearthcoaching.com.
Should any of the individual provisions of these Terms be wholly or partly ineffective, this does not affect the validity of the remaining provisions. The relevant legal provisions then apply in place of the ineffective or missing provisions.
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Site and Services or to modify these Terms.
17. The Governing Law.
These Terms are governed by the laws of England and Wales and you hereby irrevocably submit to the jurisdiction of English courts. Every purchase you make using the Site or Services shall be deemed performed in England.