Terms and Conditions

Please read these terms of use carefully before you use this website. You should also be familiar with our Privacy Policy
TERMS OF USE

Please read these terms of use carefully before you use this website.   

This service is provided by Insight (a trading name of Endis Limited), a private limited company incorporated in England (Company Number 04072126) and having its registered office at Compass House, Chivers Way, Histon, Cambridge, CB24 9AD, UK ("INSIGHT"), on behalf of Coles Traditional Foods ("coles") to you ("you" or "user"), subject to the following terms and conditions of use ("terms of use").

Use of this site constitutes your acceptance of these terms of use, which take effect immediately on your first use of the site.

INSIGHT reserves the right to change these terms of use from time to time. 

You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes. INSIGHT further reserves the right, at any time to make access to certain materials or services on this website conditional on you agreeing to additional terms of use.


1. Liability
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THE VIEWS EXPRESSED ON THIS WEBSITE ARE THE VIEWS OF THE CONTRIBUTORS TO IT AND NOT NECESSARILY THE VIEWS OF coles OR INSIGHT.   WITHOUT PREJUDICE TO THE FOREGOING, NEITHER coles NOR INSIGHT:

	(i) IS RESPONSIBLE FOR ANY MATERIAL INCLUDED ON THIS SITE BY ANY THIRD PARTY WHICH IS DEFAMATORY, ABUSIVE, OBSCENE, ILLEGAL OR OTHERWISE IN BREACH OF ANY PERSON'S RIGHTS;

	(ii) MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION AND/OR MATERIAL CONTAINED ON OR ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT USE OF THE SITE IS FREE OF RISK OF VIRUSES OR OTHER DAMAGE.

UNLESS OTHERWISE AGREED IN WRITING NEITHER coles NOR INSIGHT SHALL BE LIABLE TO YOU FOR:-
	(i) ANY DIRECT LOSS; OR
	(ii) ANY LOSS OF PROFITS, BUSINESS OR ANTICIPATED SAVINGS OR LOSS OF OR CORRUPTION OF DATA OR ANY INDIRECT LOSS OR CONSEQUENTIAL LOSS WHATSOEVER,

IN EACH CASE, WHETHER SUCH LOSS ARISES IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, BREACH OF STATUTORY DUTY OR OTHERWISE AND EVEN IF coles AND/OR INSIGHT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER ENGLISH LAW.

Nothing in these terms of use shall exclude or limit the liability of either coles or INSIGHT for death or personal injury due to its negligence or for its fraud.

This website contains links to third party sites from, for example, this website’s home page and from documents published on this site.  These third party sites are beyond the control of coles and INSIGHT and neither coles nor INSIGHT accept any responsibility for their content or for any transactions between you and such sites.  Your use of these third party sites, and any resultant transactions, may be subject to separate terms and conditions.


2. Copyright and Trade Marks
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All information (including but without limitation to any data, text, files, graphics, links, music, photographs, software, audio, video, messages) ("CONTENT"), whether publicly or privately posted, are the sole responsibility of the person from whom such CONTENT originated. Accordingly, the user, not INSIGHT nor coles, is entirely responsible and liable for all activities conducted through the website.

INSIGHT does not control the CONTENT posted or transmitted in any way via the website and, as such, does not guarantee the accuracy, integrity, or quality of such CONTENT. Under no circumstances will INSIGHT be liable in any way for any CONTENT, including but not limited to, any errors or omissions in any CONTENT, for any breaches of copyright or similar intellectual property ruling, or for any loss or damage of any kind incurred as a result of the user of any CONTENT featuring on the website.

Where you are invited to submit any CONTENT to this site you are required by such submission to grant coles a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content. If you do not wish to grant such rights to coles, it is suggested that you do not submit your contribution to this site. By submitting your contribution to this site, you also warrant that such contribution is; 
	a. your own original work and that you have the right to make it available to coles for all the purposes specified above; 
	b. is not defamatory; and 
	c. does not infringe any law. 

In addition, you also:
	a. Indemnify coles and INSIGHT against all legal fees, damages and other expenses that may be incurred by either coles or INSIGHT as a result of your breach of the above warranty; and;
	b. Agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the website and the other purposes specified above. 

If there is any conflict between the terms of use and/or specific terms appearing elsewhere on this site relating to specific material then the latter shall prevail.

All rights are reserved and reproduction of part or all of the contents of this site is prohibited other than in accordance with the following permissions:

	a. permission is granted to download the materials contained on this website to a single personal computer and to print a hard copy of such materials solely for personal, non-commercial use.
	b. permission is granted for you to copy extracts of texts from news articles that appear on this website (excluding without limitation photographs, illustrations, teaching materials, and audio and video materials) for non-commercial supply to individual third parties for their personal, non-commercial use, but only if:

	(i) you acknowledge our website as the source of the extract and include a prominent reference to this website’s URL. If the supply by you of the extract is via the internet, such acknowledgment must include a hypertext link to this website with the copy of the extracted material; and
	(ii) you inform the third party that the conditions set out in this Section 2 apply to him/her and that he/she must comply with them; and
	(iii) you reproduce the extracted material in complete and unmodified form and, if the supply by you of the extract is via the internet, that you do not frame the extract within your own website.

For the purpose of these terms, non-commercial supply or use shall mean that neither you nor any third party may charge for viewing any materials that have been downloaded or copied from this website, and that neither you nor any third party can use any materials from this website to attract others to buy goods or services.

Any other use of materials on this website, including storage and recording (other than on a purely transitory basis to permit you to view them), reproduction, modification, distribution, re-transmission, diversion or republication, without the prior written permission of coles or INSIGHT, is strictly prohibited.  This means, for example, that you must not use on any other website any materials displayed on this website from time to time.

Some Icons are Copyright © Yusuke Kamiyamane. All rights reserved. Licensed under a Creative Commons Attribution 3.0 license.

3. INSIGHT’s Proprietary Rights
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You acknowledge and agree that the website and any necessary software used in connection with the website ("SOFTWARE") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.  Except as expressly authorised by INSIGHT, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the SOFTWARE, in whole or in part. 

INSIGHT grants you a personal, non-transferable and non-exclusive right and license to use the object code of its SOFTWARE on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the SOFTWARE. 

You agree not to modify the SOFTWARE in any manner or form, or to use modified versions of the SOFTWARE, including (without limitation) for the purpose of obtaining unauthorised access to the website. You agree not to access the SOFTWARE by any means other than through the interface that is provided by INSIGHT for use in accessing the website.

The SOFTWARE and this website (including but not limited to its design and incorporated text, graphics, illustrations, images and other media, the selection and arrangement thereof) are copyright to INSIGHT or their licensors unless otherwise stated.  


4. Disclaimer of warranties
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You expressly understand and agree that:

	(a) your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. INSIGHT expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

	(b) INSIGHT makes no warranty that
	  (i) the service will meet your requirements;
	  (ii) the service will be uninterrupted, timely, secure, or error-free;
	  (iii) the results that may be obtained from the use of the service will be accurate or reliable;
	  (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and
	  (v) any errors in the software will be corrected.

	(c) any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

	(d) no advice or information, whether oral or written, obtained by you from INSIGHT or through or from the service shall create any warranty not expressly stated in this agreement.


5. Data Protection
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The information and data ("personal data") which is provided by you in connection with this website will be held on the computers and manual records of, and will be used by, coles and INSIGHT.

How personal data is stored and used by INSIGHT is detailed in the Privacy Policy

INSIGHT or its partners will only contact you in accordance with your wishes; your responses are recorded at the time these terms and conditions are presented.

You are able to modify or remove any or all of your personal information through the use of this web site.  If you are unable to do so for any reason, please write to INSIGHT at the address below stating your full name and address and providing any other relevant information.


6. Forums and Message Boards
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The views expressed on the message board are those of the individual user and not those of coles or INSIGHT. coles and INSIGHT ask you not to post messages or e-mails which are abusive, obscene, defamatory or the content of which is otherwise undesirable, illegal or in breach of any person's rights, and they reserve the right, in their full discretion, to remove any messages or e-mails at any time and without notice to you.


7. General
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These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales. 
If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this website and therefore should cease using this website immediately.

If any of these terms of use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms of use are intended to be effective, then to the extent and within the jurisdiction which that term of use is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms of use shall survive, remain in full force and effect and continue to be binding and enforceable.


8. Addresses for service
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INSIGHT, Compass House, Chivers Way, Histon, Cambridge, CB24 9AD, UK

coles,
Entering a page of this website will constitute acceptance of the terms and conditions of the terms of use. If you do not accept any of them, you should exit this website now.
STATION APPROACH, GREAT CHESTERFORD, SAFFRON WALDEN, ESSEX CB10 1PG UK
Tel:(+44) 01799 531053 Fax:(+44) 01799 531140 Email:sales@colestrad.co.uk