Please read these Terms and Conditions carefully and ensure that you understand them
before using Our Site. These Terms and Conditions, together with any other documents
referred to herein (unless otherwise stated), set out the terms of use governing your use of this
website, https://colazsupport.com (“Our Site”). It is recommended that you print a copy of
these Terms and Conditions for your future reference.
These Terms and Conditions were last updated on 28/04/2023.
Your agreement to comply with these Terms and Conditions is indicated by your use of Our
Site. If you do not agree to these Terms and Conditions, you must stop using Our Site
immediately. You will also be required to accept these Terms and Conditions if you sign up
for an Account.
This Intellectual Property Terms and Conditions (the "Terms and Conditions") is
between Franchisees and Colaz Franchising Ltd (hereafter referred to as the “Colaz "), both
individually referred to as a "Party", and collectively referred to herein as "Parties".
By Using Our Site You Accept These Terms and Conditions
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following
expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts,
code, software, databases, and any other form of
information capable of being stored on a computer that
appears on, or forms part of, Our Site;
“Our Site” means this website, https://colazsupport.com, and any
reference to Our Site also refers to all Content on it,
including User Content, unless expressly stated
otherwise;
“User” means a user of Our Site;
“User Content” means content including, but not limited to, comments
on articles published on Our Site, shared by Users on
Our Site; and documents, newsletters, photographs,
professional photoshoot images, Colaz professional
shoot videos, logo, training, brand manual, business
support materials, leaflets and marketing.
“We/Us/Our” means Colaz Franchising Ltd.
2. Colaz Franchising Ltd Ownership
2.1 Each and every intellectual property right and copyright held by the Colaz Franchising
LTD in relation to its commercial name; trademark; trade name; trade dress; designs, logos;
trade secrets; business secrets; products; services; marketing campaigns; marketing strategies
and techniques; technical data; formulas; customers and suppliers listings; software and
hardware; source codes; websites; domain names; contact information; documents (physical
and electronic); e-mails; memorandum; notes; reports; products information; production
processes; service information; computer and system technology; texts, images, photos and
contents of any kind; designs, blueprints, projects, and any information related to customers;
policies and price listings; connections; know-how; use license; Confidential Information (as
defined in Section 6 below); and any other tangible and intangible asset, among others, that
currently exist and/or that have existed in the past and/or that may exist in the future with
respect to the Colaz Franchising LTD, including any right related to and/or derived therefrom
(hereinafter referred to as "Colaz Franchising LTD Intellectual Property"), are of the
exclusive property of, and belong solely to the Colaz Franchising LTD. Likewise, the
Franchisees accept that all moral and patrimonial rights to Colaz Franchising LTD's
Intellectual Property belong solely and exclusively to Colaz Franchising LTD.
2.2 All intellectual property rights owned or controlled by the Colaz Franchising LTD at the
commencement of this Terms and Conditions, including any other ownership right, shall
remain under the ownership or control of the Colaz Franchising LTD throughout the term of
the Franchise Relationship and this Terms and Conditions and thereafter.
2.3 The Franchisees expressly undertakes not to copy, reproduce, publish, or disclose or use,
for their own benefit or for the benefit of any third parties, in any way, whether directly or
indirectly, the Colaz Franchising LTD Intellectual Property and/or not to claim any right or
interest of any kind on thereof.
3. How You May Use Our Site and Content (Intellectual Property)
3.1 All Content included on Our Site and the copyright and other intellectual property rights
in that Content belongs to or has been licensed by us unless specifically labelled otherwise.
All Content (including User Content) is protected by applicable United Kingdom and
international intellectual property laws and treaties.
3.2 You may access, view, and use Our Site in a web browser (including any web browsing
capability built into other types of software or app) and you may download Our Site (or any
part of it) for caching (this usually occurs automatically).
3.3 You may print one copy and download extracts of any page(s) from Our Site
3.4 You may not otherwise modify the printed copies, downloaded extracts, or downloaded
or saved Content in any way. Images, video, audio, or any other Content downloaded from
Our Site must not be used separately from accompanying text.
3.5 You may not use any Content (including User Content) from Our Site for commercial
purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as
applicable. This does not prevent the normal access, viewing, and use of Our Site for general
information purposes by business users or consumers.
3.6 You may not systematically copy, save, or download Content (including User Content)
from Our Site to create or compile any form of comprehensive collection, compilation,
directory, or database without our express written permission.
3.7 Unless expressly stated in these Terms and Conditions or on Our Site, you may not
otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-
use Content from Our Site without Our express written permission.
4. Confidentiality
4.1 The Franchisees acknowledges that it has received and will continue to receive
confidential information and trade secrets ("Confidential Information") from Colaz
Franchising LTD in the course of the Franchise Relationship, and otherwise carrying out the
actions provided in this Terms and Conditions. Confidential Information includes any
material, data and/or information to which the Franchisees have access during the
performance of the Franchise Relationship, including but not limited to, any Colaz
Franchising LTD Intellectual Property right and any information regarding the Colaz
Franchising LTD's business and customers lists, business strategies, business processes,
business plans, financial data and information, reports, statements, technology and software
Information, as well as all information collected by the Franchisees during the Franchise
Relationship and all documents and files that contain Confidential Information, except for
anything designated as not confidential.
4.2 The Franchisees agrees that the Confidential Information must be used by it only and
exclusively to comply with the services provided to Colaz Franchising LTD under the
Franchise Relationship.
5. Returning Colaz Franchising Ltd Documents and Information
5.1 The Franchisees agree that at the time of termination of the Franchise Relationship, the
Franchisees will immediately return to Colaz or destroy (and will not keep in its possession,
re-create, or deliver to anyone else) any and all information, records, data, notes, reports,
proposals, lists, document, correspondence, specifications, drawings, blueprints, and
materials belonging to the Colaz Franchising LTD, including any Confidential Information
and Colaz Franchising LTD Intellectual Property, and any other documents, files or property,
or reproductions of any Deliverable created or developed by the Franchisees under the
Franchise Relationship or otherwise belonging to the Colaz Franchising LTD, its successors
or assigns.
6. Deliverables Records
6.1 The Franchisees undertake to keep and maintain adequate and updated written records of
all Deliverables created or developed by the Franchisees during the term of the Franchise
Relationship ("Records").
6.2 The Records shall be available and shall remain the sole property of Colaz Franchising
LTD at all times during and after the termination of the Franchise Relationship.
7. Equitable Remedies
7.1 The Franchisees agree that it would be impossible or inadequate to measure and calculate
Colaz Franchising LTD's damages from any breach of these Terms and Conditions.
7.2 Accordingly, the Franchisees agrees if it breaches any provision of this Terms and
Conditions, the Colaz Franchising LTD will have available, in addition to any other remedy
available, the right to obtain an injunction from a court of competent jurisdiction protecting
Colaz Franchising LTD Intellectual Property, including the Confidential Information, and
restraining any breach or threatened breach and to specific performance of any such provision
of this Terms and Conditions.
7.3 The Franchisees agree that no bond or other security shall be required in obtaining such
equitable relief and the Franchisees hereby consent to the issuance of such injunction and to
the ordering of specific performance.
8. Warranties and Representations
8.1 The Franchisees warrants and represents to the Colaz Franchising LTD that:
1. The Franchisees have the legal right and authority to enter into these Terms and
Conditions and to perform the obligations under these Terms;
2. Neither the execution of these Terms and Conditions, nor the compliance with the
obligations hereunder, will conflict with, or result in the breach of, or constitute a
default under, any contract, Terms and Conditions, and/or instrument to which the
Franchisees be a party; and
3. The Franchisees shall not violate and shall comply with all applicable laws and
regulations.
9. Indemnity
9.1 The Franchisees agrees to indemnify, defend, and protect the Colaz Franchising LTD
including its respective owners, shareholders, founders, officers, directors, managers,
employees, successor and assigns ("Related Persons") from and against all lawsuits, claims,
actions, damages, losses, expenses and costs of every kind (including paying all reasonable
Solicitors fees and costs of litigation) relating to this Terms and Conditions due to (a) the
Franchisees' infringement of any applicable law or regulation, including any intellectual
property and/or any other right of any third party; (b) arising out of the Franchisees' breach of
any provision of this Terms and Conditions; (c) arising from the negligence or wilful
misconduct from the Franchisees; and/or (d) arising from any claims or lawsuits arising out
of any local and/or international legislation.
10. No Assignment
10.1 The Franchisees may not assign the rights and obligations under these Terms and
Conditions to any third party, without the prior written consent of the Colaz Franchising
LTD.
11. Entirety
11.1 These Terms and Conditions, including any other Terms and Conditions or document
entered into or signed between the Parties, constitute a single, individual and entire Terms
and Conditions between the Parties and shall supersede and supersede all prior written or oral
Terms and Conditions.
12. Amendments
12.1 These Terms and Conditions may only be modified in writing and by mutual agreement
between the Parties.
13. Severability
13.1 If any of the provisions of this Terms and Conditions is considered invalid, illegal or
impossible to execute, the other clauses shall not be affected by such invalidity, illegality or
impossibility of execution, and therefore, shall remain valid and in force.
14. Binding effect
14.1 This Terms and Conditions is binding between the Parties and shall inure to the benefit
of the Parties and their respective successors and assigns.
15. Law and Jurisdiction
15.1 Any controversy or claim arising out of or relating to this Terms and Conditions
("Disputes") which cannot be resolved amicably between the Parties within thirty (30)
continuous days from the date this is being caused, shall be submitted to the exclusive
jurisdiction of Courts of United Kingdom.
These Terms and Conditions, and the relationship between you and us (whether contractual
or otherwise) shall be governed by, and construed in accordance with, English law.
. 16. General
16.1 Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communication is in
writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records
and the electronic delivery of notices, policies and records of transactions initiated or
completed by us or via the Site. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to payments or the
granting of credits by other than electronic means.
16.2 A person who is not a party to these Terms and Conditions shall have no right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and
Conditions.
16.3 In order to resolve a complaint regarding the Services or to receive further information
regarding the use of the Services, please contact us by email at admin@colaz.co.uk.