THESE TERMS APPLY TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME coba.com (“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 International Limited (“the Company”), Marlborough Drive, Fleckney, Leics, LE8 8UR (Company no: 5040377).
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 Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages on this Website.
2.1 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
4.2 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
6.1 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.
7.1 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.
9.1 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.