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
- 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.|
- 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.
- 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.
4.1 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.
- 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.
- 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.
- 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.
- Warranties and Representations
8.1 The Franchisees warrants and represents to the Colaz Franchising LTD that:
- The Franchisees have the legal right and authority to enter into these Terms and Conditions and to perform the obligations under these Terms;
- 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
- The Franchisees shall not violate and shall comply with all applicable laws and regulations.
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.
- 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.
11.1 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.
12.1 These Terms and Conditions may only be modified in writing and by mutual agreement between the Parties.
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.
- 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.
- 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.
16.1 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 email@example.com.