This is one of the boring bits, but is necessary for both the business and the User. Please read through carefully. These Terms and Conditions govern the use of this website. In using the site you agree to them without reservation and accordingly you should read them. If you then go on to use the site and the Product contained on it you are accepting them in their entirety. If you do not accept any part of them do not use the site, the process or the Product. These terms can only be varied by us and we cannot deal with any queries you may have as to them, whether raised by an individual user or otherwise. If in doubt you should seek independent advice before proceeding.
We are not opticians nor are we claiming to be medically qualified. Nothing in this site should be taken to mean that we are. Any expressions by third parties are theirs and should not be taken as an expression or endorsement by us.
YOU SHOULD ALWAYS OBTAIN REGULAR MEDICAL AND OPTICAL CHECKUPS, AND IF YOU ARE IN ANY DOUBT NOW OR DURING OR AFTER USING THE PRODUCT YOU SHOULD TAKE THE RELEVENT ADVICE AND, IF APPROPRIATE STOP USING THE PRODUCT AND REVERT TO A STANDARD GENERIC WHITE SCREEN.
You should be aware at the outset that the interactive nature of the colouring process means that you should not expect that at the conclusion of the process the colour that is found to work for you is one you would expect. It is the colour that the Product selects based on you fulfilling the procedures inherent in the process. If you follow the guidance and use the Product properly the colour generated will work for you. Also, at this time you may find that some screens are not coloured. For example, if you use gmail, your email screen may not be coloured. Manufacturers, of software and hardware may and/or may not be user adaptable and we are working on that.
You are advised to ensure that you revisit the process once a year so that any changes can be monitored and catered for. This is included in your annual subscription. In other words, the purchase of the annual subscription allows you to use the process 3 times. It is a condition precedent of this agreement that you undertake these reviews everytime you change or renew your screen. If you do not then may loose any benefits the custom screen setting may provide not fulfill the potential functionality and we will not be responsible for any detrimental in performance.
No refund can be given once the process has started simply because of the interactive nature of the Product. Once you commence the process then you accept that there can be no refund unless, for some reason the process fails to complete due to unforeseen difficulties with the software. You MUST reasonably complete the process within ONE HOUR from commencement or the process will time-out as any potential gain or benefit is likely to be lost and there can be no refund.
Just to make it clear, when we talk about “the Product” we mean the system that we have to enable you to find the optimum colour for your screen and “the Process” or “process” is the steps that you follow to achieve that. Further, “User” or “user” means, for example, any individual (whether privately or at work) and/or a corporate entity that purchases the Product for use by it’s staff and Officers. Finally, “the site” means this website.
1. You must be at least 18 years old to use this site, the process and the Product, if you are not then you must not use it. In proceeding you certify that you are 18 or over. If you are a parent and wish to use it for your children or a person under the age of 18 then you do so at entirely at your own risk and as such at your liability. Further this site is presently aimed only at users in England and Wales. It complies with the necessary laws, rules and regulations as laid down in England and Wales, which laws govern the site. If you are a potential user from outside the England and Wales then you accept this and understand and agree to that and that the site may not be compliant in some way with the laws rules and regulations of other jurisdictions wherever they may be and that we have no liability for any such breach, loss or damage of whatever nature that may be result from your use of this site.
3. The Product is to be used only by the User and we have no liability in respect of any third party user. Any other user of the Product does so at their own risk or at the risk of the User and in proceeding with the purchase of the Product the User recognises and accepts this liability and/or potential liability however remote.
4. The Product is for use on one computer system, that of User and the programme that operates it is not transferable to a second computer although, subject to 3 above the programme can tune up to 4 further screens on the same computer (as each User will have a different colour) and can retune the Product as is required for a period of 12 months from the date of purchase after which renewal is required.
If you do not renew then, as the process should be undertaken annually or when you change screen we can accept any liability if you encounter any problems including , but not limited to, your health. You may well be advised to revert to a white screen, but that is a decision for you, the User. All we can do is warn you. You should also be advised that the Product recognises the initial screen with your computer and will not work if you change the screen. One purchase a another screen.
5. In order for the Product to have a prospect of benefiting the User he or she must follow the instructions laid out on the site precisely not only during the process, but on the site generally. Failure so to do will result in the Product either failing to function at all or failing to function in the manner and way it has been designed to do thereby impairing any potential benefit to the Users.
6. The rights to market and utilise the Product are held in the UK by The Whole Nine Yards Limited (TW9Y). The Title to the Intellectual Property of the Product is held by a Third Party and TW9Y has the benefit of a Licence in the UK granted by that Third Party.
7. You may download for caching purposes only and print pages and use the content only as is permitted. You do not acquire any rights of whatever nature in the site, any intellectual property (please see 22 below) or the Product by the use of it or otherwise. You must not :
a. republish material from this site in anyway whatsoever to include but not limited to another website;
b. sell, rent or otherwise transfer or dispose of in any way material or content from this site;
c. show any material from this site in public
d. in anyway exploit the any content on the site for commercial purposes;
e. edit or in any other way modify any material on this site;
f. redistribute material from this site save where permitted an example of which is our Newsletter.
8. You must not use the site in any way that causes or may cause damage to the site or could either prevent or impair the availability, functionality or operation of the site. Further you must not use the site in any way that is or maybe unlawful, illegal, fraudulent or harmful. You are not, as a User, permitted to use the site to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any of the following which does not form an exhaustive list but provides examples; spy ware, virus, Trojan, worm, keystroke logger, rootkit. In other words any thing that exists at the time of purchase or during the period of the User’s use which we believe to be malicious software or action.
9. You must not in any way conduct, in whatever form any data collection activity. Such can include, but is not limited to scrapping, data mining, data extraction or data harvesting. Further you as the User must not use the site for any commercial purpose at all.
10. We reserve the right to restrict access to some or all of this site to all or any Users or individual User. This will be at our absolute discretion and we are not obliged to provide reasons as to our actions. If we were to provide you with a password or user ID to enable you to use any part of the site then such will be confidential to you and it would be a condition precedent of us providing or granting such that you would keep it confidential and would not share the same with any other person. We are permitted again at our complete discretion and without explanation, to cancel or disable such password or user ID without notice or explanation.
11. If you provide us with any material or content in whatever form, to include but not limited to your record of the use of the Product or messages or ideas communicated to us or generally through the site then you grant to us a Worldwide, irrevocable, exclusive, royalty-free licence to use, reproduce, adapt, publish, translate, sub-licence and distribute such material or content in any manner we, at our absolute discretion think fit. Any such material or content must be lawful and legal, any such that is unlawful or illegal shall not be the subject of this Clause and we shall be deemed to have no responsibility for the same. In any event you consent to us disclosing your details if we are required so to do and you will hold us harmless and indemnify us against any action that may be brought by any third party as either a direct or indirect result of such unlawful or illegal material or content.
12. We reserve the right to edit or remove any material or content submitted in whatever form and by whomsoever without explanation at our absolute discretion.
13. We use our best endeavours to ensure the accuracy of all the content of the site that we have created. Further we also attempt to keep the site up to date. However we cannot guarantee such and to the extent that we are able we exclude all representations, warranties and conditions relating to this site and the use of it and the Product and this includes but is not limited to, any warranties implied by law as to satisfaction, quality, fitness for purpose and/or the use of reasonable skill and care.
14. To the extent that the site provides any free of charge information, services or material (i.e.) anything other than the direct use of the Product (other than misuse or failing to follow the instructions), we will not be liable for any or damage of whatever nature and howsoever caused. Further and generally as to the contents of the site whether paid for or otherwise, we will not be liable for loss or damage from any event or occurrence which is outside our reasonable control. We will not be responsible for any commercial or business loss suffered by any User in whatever form as a result of that User using the site and/or the Product. We will not be liable for any loss which shall occur if the site were to fail for whatever reason. We will not be liable for any loss or corruption of any data, database, hardware or software, howsoever occurring to any User. We will not be liable to you for any special, indirect or consequential loss or damage. Nothing in this Clause seeks to exclude any liability either on our behalf or that of any User which at law we or the User are not permitted to exclude. This extends, for the avoidance of doubt, to any User.
15. You hereby indemnify us and undertake to keep us indemnified against any losses, damages and costs, liabilities and expenses (including but not limited to legal and other professional costs on an indemnity basis and any monies we pay to any Third Party upon advice given to us) incurred or suffered by us arising from a direct or indirect breach by you of any of the Clauses contained within the Terms and Conditions of the use of the site. For example, were to recommend that a third party use your colour screen, without that person going through the process. 16. Without any prejudice to any other provision of these Terms and Conditions if, in our absolute discretion, we believe or have cause to believe that you have or that you intend to breach these Terms and Conditions we reserve the right to take such action as we deem to be appropriate to remedy or prevent such breach which for the avoidance of doubt shall include but is not limited to preventing you and any other User we at our discretion believe appropriate from gaining access to the site.
17. We may unilaterally, revise these Terms and Conditions. If we do, such will be effective from their date of publication on the site. We suggest you check regularly to ensure you are aware of the current version.
18. We reserve the right to transfer, sub-contract or otherwise deal with our rights/obligations under these Terms and Conditions without obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights/obligations under these Terms and conditions.
19. If a provision of these Terms and Conditions is determined by any Court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawfully enforceable if part of it were deleted, that part will be deemed deleted, and the rest of the provision shall continue in effect.
20. These Terms and Conditions are for the benefit of the individual User and not for any Third Party, and no Third Party shall acquire any rights as a result nor shall be entitled to enforce or otherwise be involved on any way as between us and the User.
22. We have patents pending, Trade Marks and copyrights that belong to us or that we are entitled to use and indeed in all cases protect. Further we may acquire more of such in the future. This is area is of the utmost importance to us and we shall pursue any infringement of our intellectual rights to protect our interests and vested interests and that includes but is not limited to protecting the rights of third parties, to include entities from which we hold licence(s), and you agree that we may proceed to do so whether or not you have a contractual arrangement with that third party.
23. We have the following registrations and authorisations:
a. VAT Number b. Data Control IC Pre-Registration PZ2686066 c. Company Number :07503802 d. Registered Office (for all written Notices by first class post only) e. Company Secretary f. Data Protection Officer