Terms & Conditions

EFFECTIVE DATE: 26 June 2024

 

DEFINITIONS USED IN THESE TERMS AND CONDITIONS

 

1.1 Capitalised terms have the following
meanings in these terms and conditions:  

“Affiliates” means any entity that
controls, is controlled by or is under common control with Colart International
Holdings Limited, where “control” means possessing, directly or indirectly, the
power to direct or cause the direction of the management, policies and
operations of such entity, whether through ownership of voting securities, by
contract, or otherwise;

“Comment” means any review, remark or
rating;

“Consumer” means an individual acting
in their personal capacity outside of his or her trade, business, craft or
profession;

“Content” means all information
including but not limited to texts, artwork, images, photos, videos, messages
and Comments which are published, stored or sent on or in connection with our
Website;

“Contract” means the Sales Terms and
Conditions in force as of the Effective Date;

“Effective Date” means in the case of
these terms and conditions, the date first written above when these terms and
conditions came into full force and effect, and in the case of the Sales Terms
and Conditions, the date written below when the Sales Terms and Conditions came
into full force and effect;

“Our” means Colart International
Holdings Limited, our employees, agents and our Affiliates;

“Terms” means these terms and
conditions in force as of the Effective Date;

“Trade Customer” means any individual
or company who is not a Consumer;

“Us” means Colart International
Holdings Limited, our employees, agents and our Affiliates;

“User” means a person who uses Our
Website (whether or not registered with Us);

“We” means Colart International
Holdings Limited, our employees, agents and our Affiliates;

“Website” means https://myreeves.com

“Working Day” means a day other than a
Saturday, Sunday or public holiday in England when banks in London are open for
business; and

“You” / “Your” / “Yourself”
means you as the person who uses Our Website (whether or not registered with
Us).

 

WHO WE ARE AND HOW TO CONTACT US

 

2.1 Our Website is owned and operated by
Colart International Holdings Limited. We are a private limited company
registered in England and Wales under company number 03659130 and have Our
registered and main trading office at Colart International Holdings
Limited, Huckletree West, The MediaWorks Building, 191 Wood Lane, London,
W12 7FP. Our VAT number is 541 3941 55.

2.2 To contact Us, please contact Our Customer
Service Team.

 

BY USING OUR WEBSITE YOU ACCEPT THESE TERMS

3.1 By using Our Website, You confirm that You
accept these Terms of use and that You agree to comply with them. We recommend
that You print a copy of these Terms for future reference.

3.2 If You do not agree to these Terms, You
must not use Our Website.

 

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

 

4.1  These Terms refer to the
following additional policies, which also apply to Your use of Our Website:

4.1.1 Privacy Policy, see further under How
We may use Your personal information;

4.1.2 Cookie Policy, which sets out
information about the cookies on Our Website; and

4.1.3 If You purchase goods from Our Website,
Our Sales Terms and Conditions will apply to the sales.

 

RULES ABOUT USING OUR WEBSITE

 

5.1 We grant You a limited personal right to
use Our Website free of charge, subject to these Terms.

5.2 You are not eligible for, and must not use
or register on, Our Website if You are below the age of 14.

5.3 You agree that You will not in connection
with Our Website:

5.3.1 breach any applicable law, regulation or
code of conduct or infringe any rights of others;

5.3.2 engage in any inappropriate behaviour
including but not limited to Content that is defamatory, offensive, vulgar,
racist, obscene, abusive, threatening, harassing, invasive of another’s
privacy, terrorism-related or similarly inappropriate or illegal;

5.3.3 infringe any third party intellectual
property;

5.3.4 publish or send any Content which
involves revealing any personal data of another person (i.e. information
enabling someone to be identified or contacted) unless that person is 18 years
or over and You have obtained that person’s explicit written consent or You are
the parent/guardian of such person;

5.3.5 publish or send any Content which links
to any third party websites which are illegal or contain inappropriate Content;

5.3.6 use the Website for junk mail, spam and
pyramid or similar or fraudulent schemes;

5.3.7 do anything which may have the effect of
disrupting the Website including introducing worms, viruses, trojans,
 software bombs or mass mailings;

5.3.8 gain unauthorised access to any part of
Our Website, any server or equipment used to provide and connected to Our
Website;

5.3.9 copy any of the Content for any purpose
except as allowed under these Terms or without our prior written authorisation;
or

5.3.10 attempt, encourage or assist any of the
above.

5.4 You must comply with any guidelines or
requirements on Our Website (for example, any file-size or other technical
requirements in relation to the publication or sending of Content on or via Our
Website). You must promptly comply with any reasonable request or instruction
by Us in connection with the Website.

5.5 In the event of any breach of these Terms
(as determined in Our absolute discretion), Your right to use Our Website shall
cease immediately without notice.

 

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

 

6.1 If You have an account on Our Website, it
is for Your personal use only and is non-transferable. You must not authorise
or permit any other person to use Your account. You must take reasonable care
to protect and keep confidential Your password and other account or identity
information. You must notify Us immediately of any apparent breach of security
such as loss, theft, misuse or unauthorised disclosure or use of a password.
You are responsible for third parties who use Your account or identity (unless
and to the extent that We are at fault). If You know or suspect that anyone
other than You knows your account information, You must promptly notify Us.

 

ACCURACY OF THE CONTENT AND GUIDANCE ON OUR WEBSITE

  

7.1 Although We make reasonable efforts to
update the information on Our Website, We make no representations, warranties
or guarantees, whether express or implied, that the Content on Our Website is
accurate, complete or up to date.

7.2 Any guidance or similar information
(including showcasing artists) which We ourselves make available on Our Website
is intended as general guidance only and We do not accept legal responsibility
for it. Before acting on such guidance, You must make Your own appropriate and
careful enquiries including as to its accuracy and suitability for Your
purposes. You rely on such information at Your own risk.

7.3 Where Our Website contains links to other
websites and resources provided by third parties, these links are provided for
Your information only. We do not recommend or endorse, nor are We legally
responsible for or have control over the contents of those websites or the
goods or services which they offer. You use such third party sites at Your own
risk.

 

WE MAY SUSPEND OR WITHDRAW OUR WEBSITE

  

8.1 We do not guarantee that Our Website, or
any Content on it, will always be available or be uninterrupted. We may,
without notice and without liability, suspend or withdraw or restrict the
availability of all or any part of Our Website for business and operational
reasons, including but not limited to and for the purposes of repair,
maintenance, improvement or other technical reason. We will try to give You
reasonable notice of any suspension or withdrawal. If We withdraw Our Website,
accrued rights and liabilities are unaffected. All clauses in these Terms which
are stated or intended to continue after withdrawal shall continue to apply.

 

VIRUS PROTECTION

 

9.1 We do not guarantee that Our Website will
be secure or free from bugs or viruses. You are responsible for configuring
Your information technology, computer programmes and platform to access Our
Website. You should use Your own virus protection software.

 

LIABILITY

 

10.1 Whether You are a Consumer or a Trade
Customer:

10.1.1 We do not exclude or limit in any way
Our liability to You where it would be unlawful to do so. This includes
liability for death or personal injury caused by Our negligence and for fraud
or fraudulent misrepresentation; and

10.1.2 You must give Us a reasonable
opportunity to remedy any matter for which We are potentially liable before You
incur any costs remedying the matter Yourself.

10.2 If you are a Trade Customer:

10.2.1 We exclude all implied conditions,
warranties, representations or other terms that may apply to Our Website or any
Content on it;

10.2.2 We will not be liable to You for any
loss or damage, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, even if foreseeable, arising under or in
connection with:

(a) use of, or inability to use, Our Website;
or

(b) use of or reliance on any Content
displayed on Our Website;

10.2.3 In particular, We will not be liable
for:

(a) loss of profits, sales, business, or
revenue;

(b) business interruption;

(c) loss of anticipated savings;

(d) loss of business opportunity, goodwill or
reputation; or

(e) any indirect or consequential loss or
damage.

10.2.4 You will indemnify us (on a full
indemnity basis) against all claims and liabilities directly or indirectly
related to Your use of the Website and/or breach of these Terms.

10.2.5 These Terms constitute the entire
agreement and understanding between You and Us with respect to its subject
matter and supersedes any previous communications or agreements between You and
Us. You and We both acknowledge that there have been no misrepresentations and
that neither You nor We have relied on any pre-contractual statements.
Liability for misrepresentation (excluding fraudulent misrepresentation)
relating to these Terms is excluded.

10.3 If you are a Consumer:

10.3.1 We only provide Our Website for
domestic and private use. You agree not to use Our Website for any commercial
or business purposes, and We have no liability to You for any loss of profit,
loss of business, business interruption, or loss of business opportunity.

10.3.2 We shall not be liable for any loss or
damage caused by Us or Our employees or agents in circumstances where:

(a) there is no breach of a legal duty of care
owed to You by Us or by any of Our employees or agents;

(b) such loss or damage was not reasonably
foreseeable (meaning it was not an obvious consequence of Our breach or not
contemplated by You and Us at the time You and Us entered into these Terms);

(c) such loss or damage is caused by You, for
example by not complying with these Terms; or

(d) such loss or damage relates to a business.

10.3.3 You will be liable for any reasonably
foreseeable loss or damage We suffer arising from Your breach of these Terms or
misuse of Our Website (subject to Our obligation to mitigate any losses).

10.3.4 You warrant that any Content uploaded
to Our Website complies with standards expected in these Terms, and You will be
liable to Us and indemnify Us for any breach of that warranty. This means You
will be responsible for any loss or damage We suffer as a result of Your breach
of warranty.

 

HOW WE MAY USE YOUR PERSONAL INFORMATION

 

11.1 We will only use Your personal
information as set out in Our Privacy Policy.

     

CONTENT OF USERS

 

12.1 Our Website may include information and
materials uploaded by Users, including to bulletin boards and discussion
boards. Any such Content has not been verified or approved by Us. The views
expressed by Users on Our Website do not represent Our views or values.

12.2 We do not recommend Content of Users. You
rely on all such information at Your own risk. We accept no legal
responsibility for the accuracy of, or otherwise in relation to, any such User
Content or in connection with any dealings between Users.

12.3 You accept that we have no obligation to
vet or monitor other Users. It is Your responsibility to carry out careful and
appropriate due diligence before dealing with another User. You should be aware
that a person may not be who he or she claims to be.

12.4 You acknowledge that in using Our Website
You may be exposed to offensive or other inappropriate Content or behaviour. If
so, You must notify our Customer Service Team immediately. We are under no
obligation to enter into dialogue on the receipt of a complaint, nor are we
obliged to act on every complaint received. All complaints must clearly explain
the reason for the complaint.

12.5 You acknowledge that We permit Users to
post Comments in relation to Your artwork, events or otherwise and that these
will be publicly available for viewing and will remain so following
cancellation of these Terms. We are not responsible for monitoring or editing
such Comments. You acknowledge that Comments may be critical or defamatory of
You. Notwithstanding that We may be aware or ought reasonably to be aware that
such Comments caused or contributed to publication of a defamatory statement
about You, You release Us from any liability in connection with such defamatory
statements provided We offer You a reasonable right of reply.

 

UPLOADING CONTENT TO OUR WEBSITE

  

13.1 You are responsible for your Content.

13.2 You must ensure that your Content is
accurate and up to date, not misleading,

13.3 If You post a Comment, You promise that
it is Your independent, honest and genuine opinion.

13.4 You are solely responsible for securing
and backing up Your Content on Our Website.

 

RIGHTS YOU ARE GIVING US AND/OR RIGHTS WE HAVE WHEN YOU UPLOAD
CONTENT ON OUR WEBSITE

 

14.1 We have the right to disclose Your
identity to any third party who is claiming that any Content uploaded by You to
Our Website constitutes a violation of their intellectual property rights, or
of their right to privacy.

14.2 We reserve the right to remove Your
Content including artwork without giving reasons even if We have previously
approved the Content.

14.3 We have the right without notice or
refund to suspend, alter, remove or delete any of Your Content if, at Our sole
discretion, Your post does not comply with Our acceptable standards as
contained in these Terms.

14.4 We reserve the right to disclose to the
relevant authorities any Content or behaviour if it is the subject of complaint
or where We have reason to believe that it breaches Our Terms, or that such
steps are necessary to protect Us or others, or that a criminal act has been
committed, or if We are required to do so by law or an appropriate authority.
If so, You must not attempt to re-publish or re-send the relevant Content.

14.5 Any Content You upload to Our Website
will be considered non-confidential and non-proprietary.

14.6 When You publish Content to Our Website,
You grant us a perpetual, worldwide, non-exclusive, transferable, irrevocable,
royalty-free, licence (with right to sub-licence) to use, copy, alter,
reproduce, distribute, display, prepare derivative works of, or derivative
works from, that Content in any media formats and across different media
channels. We may also wish to use the Content to promote Our Website or Our
products, including all language versions, on Our other channels including
mobile, email communications, social media, PR, competitions and press releases
and also on third party media, including for the purpose of redistribution or
promotion of Our Website. When You upload Content to Our Website, You grant us
a licence to allow third parties (for example, other Users, partners or
advertisers) to use the Content for their purposes or in accordance with the
functionality of Our Website. The licence ends when You withdraw Your
consent unless and to the extent that Your Content has already been used by US
and shared with others who have not deleted it or it persists in backup copies.

 

RULES ABOUT LINKING TO OUR WEBSITE

 

15.1 You may link to Our Website, provided you
do so in a way that is fair and legal and does not damage Our reputation or
take advantage of it. The website in which You are linking must comply in all
respects with the Content standards set out in these Terms.   

15.2 You must not establish a link to Our
Website in such a way as to suggest any form of association, approval or
endorsement on Our part where none exists.

15.3 You must not establish a link to Our
Website in any website that is not owned by You.

15.4 You must not frame Our Website on any
other website, nor may You create a link to any part of Our Website other than
the home page unless you obtain Our prior written consent.

15.5 We reserve the right to withdraw
permission to Our Website without notice.

 

INTELLECTUAL PROPERTY RIGHTS

 

16.1 All trademarks, logos, Content, and
software used on Our Website are our intellectual property or the intellectual
property of Our licensor(s) or the intellectual property of other Users. For
the purposes of Your personal use only, You may view such material on Your
screen and print a single copy. You may not otherwise use, sublicense,
retrieve, display, modify, copy, print, sell, distribute, download, hire,
reverse engineer (unless permitted by applicable law) or create extracts of, or
derivative works from, such material without Our prior written consent.

16.2 You may not collect, scrape or harvest
any Content on Our Website or deep-link to or frame Content on Our Website
without Our prior written consent.

16.3 You retain ownership of copyright in Your
artwork and Your other Content subject to the licence You grant us as set out
at Rights you are giving us and/or rights we have when you upload
content on our website

16.4 You also grant each User a licence to use
Your Content to the extent expressly permitted by these Terms.

16.5 You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback or other information about
Our Website (“Submissions”) which You provide Us are non-confidential
and shall become Our sole property. We shall own exclusive intellectual
property rights in, and shall be entitled to the unrestricted use and
dissemination of, these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to You.

 

WE MAY MAKE CHANGES TO THESE TERMS AND OUR WEBSITE

 

17.1 We amend these Terms from time to time by
posting the revised version on Our Website at least 7 days before they become
effective. Every time You wish to use Our Website, You should check these Terms
to ensure You understand the Terms that apply at that time. You will be bound
by the revised Terms if You continue to use Our Website from and including the
Effective Date.

17.2 We may update and change Our Website from
time to time to reflect changes to Our products, Our users’ needs, changes in
laws and regulations and to reflect Our business priorities. We will try to,
but are not obliged to, give You reasonable notice of any major changes.

 

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

 

18.1 We may transfer all or part of Our rights
and obligations under these Terms to another company or person, provided that
if you are a Consumer, the transfer will not affect Your rights under these
Terms. As these Terms are personal to You, You may not transfer any of Your
rights or duties under it without our prior written consent.

 

FORCE MAJEURE EVENTS

 

19.1 We are not liable for failure to perform
or delay in performing any obligation under these Terms if the failure or delay
is caused by any circumstances beyond Our reasonable control including third
party telecommunication failures.

 

COMPLAINTS

20.1 If You have any complaints, including any
complaints about the Content uploaded by other Users, You should contact our
Customer Service Team.

 

GOVERNING LAW AND JURISDICTION

  

21.1 These Terms, its subject matter and its
formation (including any non-contractual disputes or claims) are governed by
the laws of English and Wales. You and We agree to the exclusive jurisdiction
of the courts of England and Wales.