Terms and Conditions

Terms and Conditions of Use

Terms and Conditions of Use

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Colour Academy Publishing Ltd.’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Colour Academy Publishing Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 18 Kirkhill Gardens, Edinburgh, EH16 5DF. Our company registration number is SC601924, Scotland. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: [insert list of information].
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Terms and Conditions of Sale

Terms and Conditions of Sale

DISCLAIMER

To the fullest extent permitted at law,Colour Academy Publishing Limited is providing this Web site and its contents on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this Web site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition,Colour Academy Publishing Limited does not represent or warrant that the information accessible via this Web site is accurate, complete or current. Price and availability information is subject to change without notice. Except as specifically stated on this Web site, to the fullest extent permitted at law, neitherColour Academy Publishing Limited nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt,Colour Academy Publishing Limited does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence ofColour Academy Publishing Limited, its affiliates, directors, employees or other representatives. Our catalogue and Web site images, descriptions and colours are subject to change and are for illustration only. In the event of a particular colour or variation not being available we will make every attempt to find a suitable alternative.

A contract between ColourAcademyBooks.com and the customer will exist once an order has been accepted, processed, dispatched and received.

Please Note:
Cancellation of orders, given the nature of electronic commerce, is not possible online, if you would wish to cancel an order before it is dispatched please contact us using the contact form, quoting your order number. If you are unhappy with your goods once they have arrived you are entitled to return them for a refund or replacement. Please check the order confirmation screen carefully before completing your order.

FULFILMENT

Due to the nature of our business, stock availability cannot be guaranteed. If your goods are in stock the order will be shipped in order to reach you within 5 working days. Once you have placed an order with Colour Academy Publishing Limited an email will be sent to you confirming your order details. A second e-mail will be sent once your order has been dispatched. It is important that you give us a valid email address so you can receive these emails. Colour Academy Publishing Limited reserve the right to accept or reject any order at our absolute discretion. Whilst we try to ensure that such prices are accurate, Colour Academy Publishing Limited reserve the right to correct the prices if we discover an error. In this event, you will be entitled to cancel your order or re-confirm it at the correct price.

PRE-ORDERS

Where an item is marked as “Available for pre-order” an expected delivery date will be shown. If you order the goods, they will be dispatched as soon as we receive them from our suppliers.

PAYMENT AND SECURITY

For your security, all our credit card transactions are processed by Stripe. Stripe ensure that any card details sent by you are encrypted and held securely. No one else, including us, has access to your credit card details.

RETURNS POLICY

Please contact us using the contact form for returns. We would suggest that you keep a note of your order number in case you need to contact us regarding your return. Once received, we will offer an exchange or a full refund if required. You will be required to pay postage when returning your exchange items to us. Faulty items are dealt with individually. Please return your goods to us.

UNDELIVERED PARCELS

Customers must contact us about undelivered/missing parcels within 90 days of placing their order, all orders will be assumed delivered correctly unless contact is made within this timeframe.

CANCELLING AN ORDER UNDER THE DISTANCE SELLING REGULATIONS

In accordance with the Distance Selling Regulations, you have 7 working days from the day after you receive the goods to cancel your order.
We will accept confirmation of order cancellation via email if your order is submitting and yet to be dispatched as well as letter. If your order has been dispatched, you must write a letter or send an email to us to request cancellation. (Our address can be found on the contact us page.) The letter can be sent within the parcel of goods being returned. You must include your order number, name and billing address.
We will cancel and fully refund the order including original postage costs as long as the whole order is returned. You will be refunded within 30 days. We cannot accept cancellation of an order if goods have been used, ie there are any markings within or on the book. We strongly recommend recorded or signed for delivery so the parcel is insured and trackable. You must take reasonable care of the goods while in your care and they will be returned at the customer’s cost. All goods must be returned within 14 days of the requested cancellation.
This is not intended to be a full statement of all your rights under the Distance Selling Regulations. Full details of your rights under the Distance Selling Regulations are available from your Local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.
ADI Affiliate Referral Terms and Conditions

Colour Academy Books Affiliate Program Terms of Service

Agreement

By signing up to be an Affiliate in the Colour Academy Books Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Colour Academy Books reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must be a currently Approved Driving Instructor (ADI)
  • You must live in the United Kingdom to be an Affiliate.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Colour Academy Books cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own Colour Academy Books product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Colour Academy Books. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Colour Academy Books. You must ensure that each of the links between your site and the Colour Academy Books properly utilizes such special link formats. Links to the Colour Academy Books placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Colour Academy Books product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.colouracademybooks.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than £15 in affiliate income. If your affiliate account never crosses the £15 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the £15 threshold.

Identifying yourself as a Colour Academy Books Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Colour Academy Books or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over £15, you’ll be paid each month. If you haven’t earned £15 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.colouracademybooks.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Colour Academy Books reserves the right to end the Program at any time. Upon program termination, Colour Academy Books will pay any outstanding earnings accrued above £15.

Termination

Colour Academy Books, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Colour Academy Books service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Colour Academy Books reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Colour Academy Books will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of Scotland, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Colour Academy Books to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Colour Academy Books and govern your use of the Service, superceding any prior agreements between you and Colour Academy Books (including, but not limited to, any prior versions of the Terms of Service).

Facebook Pin Badge Competition T&C's - 10/10/2018 - 30/10/2018
  1. The promoter is: Colour Academy Publishing Ltd (company no. SC601924] whose registered office is at 18 Kirkhill Gardens, EH16 5DF.
  1. The competition is open to residents of the United Kingdom aged 17 years or over except employees of Colour Academy Publishing Ltd. and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
  1. There is no entry fee and no purchase necessary to enter this competition.
  1. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  1. Route to entry for the competition and details of how to enter are via www.facebook.com/colouracademybooks
     
  2. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
  1. Closing date for entry will be 30th of November, 2018, 13:00. After this date the no further entries to the competition will be permitted.
  1. No responsibility can be accepted for entries not received for whatever reason.
  1. The rules of the competition and how to enter are as follows:
You must complete all of the following actions to be entered in the competition:
  1. Comment on the facebook post, tagging a friend.  (https://www.facebook.com/321411271597338/posts/441845482887249/)
10. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
11. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
12. The prize is as follows: There are two prizes available. Each prize will contain 1x Theory Test Educational Colouring Book, 1x 12 Coloured Pencils, 1x PinBadge.
The prize is as stated and no cash or other alternatives will be offered.The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
13. Winners will be chosen at random by software, from all entries received and verified by Promoter and or its agents.
14. The winners will be notified by email within 28 days of the closing date. If the winners cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
15. The promoter will notify the winner when and where the prize can be collected / is delivered.
16. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
17. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
18. The competition and these terms and conditions will be governed by Scots law and any disputes will be subject to the exclusive jurisdiction of the courts of Scotland.
19. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
20. The winner’s name will be available 28 days after closing date by emailing the following address: [email protected]
21. Entry into the competition will be deemed as acceptance of these terms and conditions.
22. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Colour Academy Publishing Ltd. and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://www.colouracademybooks.com/privacy-policy/.