Important Legal Notice
ATTENTION:
This legal notice applies to the entire contents of this Website under the domain name 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 register with us. If you do not accept these terms, do not use this Website.
This Website is for use by consumers over the age of 18 years only.
This notice is issued by “The Company” Chroma a trading style of The Exchange Limited, Unit 41 Balthane Estate, Ballasalla, IM9 2AH. Registered in the Isle of Man, Company number 107401C. Date of Incorporation December 2002.
The following words and expressions shall have the following meanings unless the context otherwise requires:
1. Introduction
1.1
You may access most areas of this Website without registering your details with us.
1.2
By accessing any part of this Website, you acknowledge that all products are made to order, personalised or made to your specification. You also shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3
The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
2. Licence
2.1
you are not permitted to print and download extracts from this Website
for your own use, 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 3.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.2
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.
2.3
any rights not expressly granted in these terms are reserved.
2.4
you must not visit or use the Website for the purposes of Commercial Gain.
3. Service access
3.1
while the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason the 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 or for reasons beyond the Company’s control.
4. Visitor material and conduct
4.1
other than personally identifiable information, which is covered under the Privacy Policy (see privacy policy) any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall 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; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(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 Website contains robot exclusion headers. Third parties may license information on the Website to the Company. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not:(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Website without the prior expressed written permission of the Company and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website. We do not authorise you to extract or re-utilise substantial parts of our Website, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Website.
5. Disclosure
5.1
the Company shall 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 paragraph 4.
6. Links to and from other websites
6.1
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 or availability. 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.
7. information contained on the website
7.1
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 Goods and prices described in it, at any time without notice. Material displayed on the website may be used by the company for representation purposes and may not reflect actual product availability. The material on this Website may be out of date, and the Company makes no commitment to update such material.
7.2
the material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extended permitted by Isle of Man law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties and conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
8. Liability
8.1
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.
8.2
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.
9. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with Isle of Man law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Isle of Man courts.The Website is operated by Chroma a trading style of The Exchange Limited, Unit 41 Balthane Estate, Ballasalla, IM9 2AH. Registered in the Isle of Man, Company number 107401C. Date of Incorporation December 2002.