1.1 This website is owned and managed by COMHLA Ltd. (“Comhla”, “us”, “we”, “our”)
1.2 The Comhla marketplace (“Marketplace”) is aimed exclusively for consumers. Section 2 (3) of The Consumer Rights Act 2015 defines a consumer as “an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession”. These Terms and Conditions apply to all purchase contracts concluded on the online Marketplace between us and you as a consumer, as well as where Comhla serves as an intermediary linking a consumer directly to third-party suppliers.
1.3 By accessing and using this website or our social media platforms and/or by continuing to purchase products via the online Marketplace you agree to be bound by these Terms and Conditions (“Terms”).
1.5 In all cases, these Terms available on the website are valid Terms, at the time of concluding the purchase that is decisive.
1.6 You must be 18 [eighteen] years of age or above in order to be able to purchase products from our website, i.e. the online Marketplace. By accessing the Marketplace and proceeding to purchase products offered on or through the Marketplace you warrant that you are 18 [eighteen] years or older, and where you are a minor, i.e. below 18 [eighteen] years of age, you are accessing the Marketplace and purchasing products offered for sale by us with the consent and involvement of a parent or guardian. You ratify that you understand the implications of the purchase agreement and that you will not cancel the agreement and claim a reimbursement after you or any other person has used and enjoyed the benefit of the product(s) and/or services purchased on or via the Marketplace.
1.7 For the purposes of these Terms, Comhla and the consumer shall be collectively referred to as “the Parties” and individually as “a Party”.
2. Commitment to Sustainability
2.1 At Comhla we take our commitment to sustainability seriously, so that we can provide you with a trusted destination to shop for brands and services whose sustainability credentials are genuine.
2.2 All participating sellers therefore follow the Comhla Sustainability Framework, which covers a range of sustainability topics, and is based on the following three principles (1) Beauty, (2) Responsibility and (3) Community
2.3 It is the responsibility of all participating vendors to provide true and accurate information about their adherence to the Comhla Sustainability Framework. Should a vendor be found in breach of their obligations under this clause 2 Comhla will be entitled to de-list them from the Marketplace.
3. Comhla’s Role
3.1 Comhla is a marketplace, both on-line as well as in real life, which allows third-party sellers to list and sell their products and services through the Marketplace.
3.2 While you may be able to purchase goods from certain sellers on the Comhla Marketplace (online or otherwise), in some other cases you will be taken to the seller’s own website/sales channel, where you will be able to place the order and make a payment for the products purchased.
In each such case this is indicated on the respective product detail page, i.e. the name of the seller and whether their product can be purchased on the Marketplace or whether it will be a direct sale through the seller’s own sales channels.
3.3 While Comhla as a service provider helps facilitate transactions that are carried out through the Marketplace, Comhla is neither the buyer nor the seller of the seller’s products. Comhla provides a platform and serves as an intermediary linking sellers and end consumers, and allowing them to transact with each other. All orders are fulfilled directly by the seller, regardless of whether the purchase transaction was completed on the Marketplace or on the seller’s platform.
3.4 Unless otherwise stated in these Terms, we assume responsibility for purchase transactions completed on the Comhla Marketplace, in which case your purchase will be governed by Comhla’s terms and conditions relating to payment, delivery, cancellation, returns and refund and privacy and security of personal data. We will also provide complete customer support and access to our grievance procedures in relation to purchase transactions concluded on the Comhla Marketplace.
3.5 Notwithstanding that you were directed to a seller’s platform by the Comhla Marketplace, when you complete a purchase transaction directly on a seller’s platform a contract is formed between you as the consumer on the one hand and the seller on the other hand. Comhla is not party to this contract nor is it the seller’s agent, and therefore assumes no responsibility arising out of or in connection with it.
In such cases, you should therefore read the seller’s terms and conditions as the seller is responsible for the sale of the products and for dealing with any claims brought by you or any other issue arising out of or in connection with the purchase contract between you and the seller.
4. Formation of a Contract for Purchase Transactions concluded on the Marketplace
4.1 The Comhla Marketplace is an invitation to treat and by proceeding to select products displayed on our website and activating the “Check-Out” button you confirm your offer to purchase the products selected by you (“Order”).
4.2 We will communicate our acceptance of your Order, either by means of an e-mail confirmation and/or by despatching the ordered products (followed by an e-mail confirmation of the despatch). The purchase contract will be concluded only on our acceptance of your Order in accordance with this paragraph 4.2. We are entitled to refuse your offer to purchase the products indicated in your Order, (a) if we do not ship products to your country, (b) the products ordered by you are out of stock (c) if we are not able to successfully use the payment details provided by you, (d) if we are not satisfied with your creditworthiness and/or (e) for any other reason that, by our policies and work ethics justifies our refusal of your Order.
4.3 We offer products for sale only until stocks last. Products that are out of stock will either be indicated on our website as “sold out” or they may no longer be displayed on the website. If you are in the process of building your Order and a product runs out of stock it will either no longer appear in your Order or a notification will appear to inform you that the Product is no longer available.
4.4 Once you have built your Order, prior to confirming your offer to purchase the Products included in your Order by activating the Check-Out button, the details of your Order will be displayed and you will have the opportunity of correcting any errors and/or revising your Order.
4.5 Our confirmation of acceptance will be accompanied by the details of your Order, the corresponding invoice, along with a link to these Terms.
5. Consumer’s own account
5.2 If you create an account on the Comhla Marketplace, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have reason to believe that your log-in credentials have been or are likely to be compromised. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You will be able to access your information in the “Settings/Your Account” section of the website.
6. Purchasing directly from the Seller
6.1 Certain sellers listed on the Marketplace use the Marketplace only to display their products. When you click on their Product Information you will be directed to their website or sales channel in order to carry out a purchase transaction directly with the seller.
6.2 In such cases you enter into a contract directly with the seller. Comhla is not a party to the contract, and therefore assumes no liability or responsibility arising out of or in connection with the purchase transaction.
7. Product Information
7.1 Comhla is not the manufacturer of the products or the supplier of services listed on the Marketplace, and therefore relies on the product information provided by the sellers themselves. Although we work to ensure that the product information, size guide or information about a seller or service provider on our website is correct, we assume no responsibility for the accuracy of such information, and encourage you to contact us or the seller directly should you have any questions or need any further information about the product or the services you wish to purchase.
8. Prices and Terms of Payment
8.1 Prices of products and services are listed on the Comhla website. All prices are listed in pound sterling, and are binding at the time you conclude the purchase on our website. Currently the prices are inclusive of taxes, and shipping and delivery costs for all UK-wide deliveries.
8.2 The prices listed do not include custom and import duties. While no custom and import duties are payable on deliveries made within the United Kingdom, if your shipping address is outside of the UK, you may be subject to custom and import duties. Neither Comhla nor the seller will be able to reflect the custom and import duties in your invoice, as these will be calculated by the customs authorities of the country where the products are delivered. Custom and import duties, if any shall therefore be payable directly to the concerned authorities. Neither Comhla nor the seller assume any responsibility or liability arising from or in relation to the payment and/or reimbursement of customs duty paid by you or the customs clearance of products purchased via Comhla’s or the seller’s website.
8.3 For products and services purchased on the Comhla website, an invoice will be sent to you via email to the email address provided by you to us. This will confirm our acceptance of your order. You can pay using one of the several payment options available on our website. You will not incur any additional fee when you use either of the payment options.
8.4 Where we use third-party payment platforms we use them exclusively as service providers for the purposes of facilitating payments from consumers. We are in no way affiliated to third-party service providers. As a consumer you must read the terms and conditions and privacy notices of such third-party service providers. Comhla is not liable for a third-party’s terms of business and/or the way they collect and process your personal data. You should therefore read the terms and conditions and the privacy notice of the third-party service provider whose platform you use to make the payment to us.
Some of the third-party payment platforms that we may use include without limitation:
a. PayPal- Terms and Conditions
b. Shop Pay - Terms and Conditions
c. Amazon Pay- Terms and Conditions
d. Apple Pay – Terms and Conditions
e. Clear Pay- Terms and Conditions
f. Klarna Pay- Terms and Conditions
8.5 Where you are directed to a seller’s website or other sales channel(s) to complete a purchase transaction, you will pay using one of the payment options offered directly by the seller. You will be governed by the Seller’s terms of payment, and Comhla assumes no responsibility arising from or in connection thereto.
9. Order Fulfilment
9.1 All orders are fulfilled and delivered by participating sellers.
9.2 When you place an order on the Comhla website:
i. the concerned participating seller will dispatch your Order to your shipping address at the earliest possible. Once your Order has been dispatched you will receive an email from us notifying you that your products have been dispatched. The delivery time will depend on your shipping address, the delivery method selected and sometimes external factors such as delays in postal and delivery services as a result of supervening events beyond the reasonable control of the Parties.
ii. In order to ensure timely delivery of your Order, we will ensure that the seller dispatches the products at the earliest possible, uses a postal/delivery service of good standing, and insures the delivery against damage, theft or loss during transit.
iii. There may be delays in the delivery of your Order or the possibility of damage during transit for reasons beyond the reasonable control of the Parties. If we are made aware of any delay in the delivery of your Order we will contact you as soon as possible to let you know, and will take steps to minimise the effect of the delay. If your Order does not arrive by the estimated delivery date or arrives in a damaged state, please contact us as soon as possible so that we can investigate and replace damaged products in accordance with section 11 of these Terms.
iv. Please note that we will not be liable for delays caused by custom authorities or as a result of customs clearance.
v. Delivery will be deemed to have taken place when the Order has been delivered to the delivery address specified by you in your Order and you (or someone identified by you) have taken physical possession of the Order.
vi. The responsibility (sometimes referred to as “risk”) for the products remains with us until the products have been delivered to the delivery address specified by you in your Order. We accept no liability where you provide an incorrect delivery address or where you fail to collect the goods from the delivery address which you specified.
9.3 If you place an order directly on a participating seller’s website the order will be fulfilled directly by the seller in accordance with their own terms and conditions. The seller alone will be responsible for the shipping and delivery of your Order, and you will be governed by their policy relating to orders in transit or products arriving in a damaged condition. For all queries relating to the fulfilment of your order you will have to contact the seller directly, and Comhla assumes no responsibility or liability arising from or in relation to order fulfilments where the purchase has been concluded directly on the seller’s website/platform.
10. Cancellation and Returns Policy
10.1 Where you conclude your purchase transaction through the Comhla website:
i. You can cancel your order at any time from the point you place the order up to 14 (fourteen) calendar days (“Cancellation Period’), which is calculated as below
ii. For products, the 14 day period starts running on the day on which you acquire physical possession of the products (i.e. the day the products are delivered to you). Where you have ordered multiple products the 14 day period runs from the date the last item was delivered.
iii. For services, the 14 day period starts running after the day we email you to confirm the order and that we will begin the supply of services. However, once we have completed the services you cannot change your mind, even if the 14 day period is still running. If you cancel after we have started the services, you must pay us for the services provided and expenses incurred by us in relation thereto up to the date you notify us that you wish to discontinue the services.
iv. If you do not receive your Order by the estimated delivery date or where no time frame has been indicated for delivery, within 30 (thirty) days of your Order, you are entitled to contact us to cancel your Order and get a refund.
iv. If you wish to cancel your Order or notify us about products that have arrived in a damaged state please write to us at email@example.com
v. You will not be entitled to cancel your Order if the items have been personalised or custom-made for you, or in case of services we have started providing the services in which case we are entitled to charge you for the services provided up to the time of cancellation, or if the goods were sealed for hygiene reasons and you have unsealed them or they have become unsealed after delivery.
vi. Return of Products
a. Unless you are returning a wrong item erroneously sent to you or a damaged item you are responsible for the cost of returning the products.
b. All products must be returned to Comhla within 14 (fourteen) days from the date you notified us your decision to cancel (“Return Period”).
c. All items must be returned unused and in the original packaging as they were in when received by you. Please ensure that when you receive an item that you take reasonable care of it when trying it on or inspecting it and that any security seals or tags are still intact.
d. In order to be eligible for a return please make sure that:
- the product is being returned within the Return Period, or if it is a damaged item within the timescale relevant to the return of damaged items as covered under section 11 of these Terms
- the item is in its original packaging
- the item is not used or damaged (unless you received a defective/damaged product from us)
- you have the receipt or proof of purchase
- the item you are retuning is not a sale item, as only regular price items can be refunded (unless you received a defective/damaged product from us)
- the item you are returning is not personalised (unless you received a defective/damaged product from us)
Products that do not meet the above-stated conditions will not be considered for a return and refund.
e. Before returning a product please contact us via email at firstname.lastname@example.org, citing your name, order number (if any) and the reason for return. You must also provide a copy of the invoice, receipt or proof of purchase. We will acknowledge your request and communicate with you throughout the process until the receipt of the item you have returned and the issue of its refund to you.
f. All items being returned must be in their original packaging and must be sent to the brand who sent the parcel to you.
g. When returning an item you must obtain proof of posting as we cannot accept liability for parcels lost in transit. A product will be deemed returned to us only when the product comes in our physical possession. You will be entitled to receive a refund in relation to items that have come into our physical possession after your return of them.
a. Refunds under this section 10.1 will be issued to you within 14 days from:
- the day on which we receive the products back from you or
- the day on which you provide us evidence that you have sent the products back to us (if this is earlier than the day we receive the products), or
- the day on which you notify us that you wish to cancel the contract if we have not yet provided the order confirmation or dispatched the products. There is a possibility that no payment would’ve been taken if you cancel an Order before you receive an order confirmation from us. If this is the case we will send you an email acknowledging your request to cancel the Order and will confirm that you were not charged for it. If payment was already taken then a refund will be issued in accordance with this section 10.1.
b. Refunds under this section 10.1 will be made using the same payment method that you used when ordering the products.
c. Refunds may be reduced for any diminished value in the products resulting from your excessive handling of them (for example, more than would be permitted in a shop). If we issued a refund before we have received the products and on inspection discover that you have returned the products to us in a used, unsealed or damaged condition or that you have excessively handled the products we may subsequently charge you an appropriate sum to cover the same. You agree that until we inspect the products returned by you we will retain your payment information on file.
d. Where your Order was for a service, we are entitled to deduct from the refund amount, charges reflecting the value of services provided to you until the date you notified us your decision to cancel the services.
viii. For any queries about our cancellation, return and refund policy please contact us at email@example.com
10.2 Purchase concluded on the seller’s website- If you have concluded a purchase transaction directly on the participating seller’s website you will be governed by their cancellation, return and refund policy, and Comhla assumes no responsibility arising from or in connection thereto. In this case for any queries in relation to the cancellation of your Order, and returns and refunds relating thereto please contact the seller directly.
11. Damaged or faulty items
11.1 By law you are entitled to receive goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any information we have provided to you before you place your Order, and that match any samples that you have seen or examined (unless we have made you aware of any differences).
11.2 If you have concluded your purchase on the Comhla website and have received products that are damaged, faulty or incorrect, please contact us as soon as reasonably possible to inform us about the fault, damage or error, so that we may be able to help you exercise one of the following remedies:
i. 30 days’ right to reject- Where you have received a faulty, damaged or incorrect item you have the right to reject the item and claim a full refund within 30 (thirty) days from the date on which you receive the item. This is your short-term right to reject goods.
ii. You could also ask for the item to be repaired or replaced, in which case your 30 day period to reject the item comes to a pause for the length of the waiting period. If, after repair or replacement the item supplied by us does not conform to the requirements mentioned in section 11.2, then you may exercise your right to reject the item and claim a refund within 7 (seven) days after the waiting period ends (“final right to reject”). The waiting period begins with the day you request or agree to the repair or replacement of goods and ends with the day on which you receive the goods supplied by Comhla in response to the request or agreement.
iii. If your short term right to reject the item has expired you can ask us to repair or replace your item within 6 months from the date of purchase. We will bear any associated costs and will provide the repair or replacement (as applicable) within a reasonable time and without significant inconvenience to you.
In case your request for a repair or replacement is disproportionately expensive we will provide a full refund in relation to any requests made within 6 (six) months from the date of purchase.
iv. If you exercise your right to reject the item within 30 days from the date on which you received the item you shall be entitled to a full refund. If the attempt at a repair or replacement was unsuccessful in respect of a request made by you within the first 6 (six) months from the date of purchase you shall be entitled to a full refund if you return the item, or to a price reduction if you wish to keep the item.
v. If 6 (six) months have passed from the date of purchase the onus shall be on you to prove that the item was faulty at the time it was delivered to you. At this point we shall make an attempt to repair or replace it, and if our attempts at repairing or replacing it are unsuccessful we may offer a refund after deducting a value that reflects the use that you have had out of the item.
vi. Where appropriate we will reimburse you for the costs of returning goods under this section 11.
11.3 No right to claim- You will not be able to claim for faulty, damaged or incorrect items in accordance with this section if:
- we had informed you of the fault(s), damage or other problems with the goods prior to your purchase (and you wish to return the item on account of the problems that were already indicated to you before you purchased the item)
- you have purchased the item for an unsuitable purpose that is neither obvious nor made known to us, and the problem has resulted from your use of the item for that purpose
- if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
11.4 Please note that this section does not relate to the return of items purchased because you have changed your mind. Please refer to section 10 for our cancellation, return and refund policy if you wish to cancel your order and return the items purchased because you have changed your mind.
11.5 Faulty or incorrect services- Where you have concluded a purchase order for services on the Comhla website, and the service you have received is incorrect or faulty please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for one or more of the following remedies:
- you can ask us to repeat the service or fix it if the service was not carried out with reasonable care and skill, or claim some refund if we can’t fix it
- if a price for the service was not fixed before-hand you will be asked to pay what is reasonable, and if a time within which the service was to be carried out was not fixed before-hand we will ensure that the service is carried out within a reasonable time.
11.6 Refund – A refund under this section 11 will be made to you within 14 (fourteen) days from the date on which we receive the returned items. The refund will also include the standard delivery cost, and will be made using the same payment method that you used when ordering the products.
11.7 Purchase concluded on the seller’s website- Where you have bought an item directly from a participating seller’s website or sales channels you will be governed by the Seller’s own terms and conditions in relation to damaged or faulty goods.
12. Consumer’s Statutory Rights
12.1 Please note that nothing in these Terms and Conditions affects or limits your statutory rights as a consumer.
13. Customer Service and Grievances
13.1 Purchases concluded on the Comhla website- For any queries or complaints in relation to products and/or services purchased on Comhla’s website, please contact us at firstname.lastname@example.org as soon as possible. Our customers are extremely valuable to us, and we will try and address your queries and/or complaints at the earliest possible.
13.2 Purchases concluded directly on the seller’s website- If you have purchased products directly on the seller’s website you will have to refer to the seller’s complaints handling procedure, and contact the seller’s customer service team. Comhla assumes no responsibility for after-sales services in relation to products purchased on a participating seller’s own website/sales channel.
14. Limitation of Liability
14.1 We shall not assume any liability arising from or in connection to a purchase concluded by you directly on a participating seller’s website or sales channels, including any liability arising from or in connection with the handling of your personal data by the seller.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes death or personal injury caused by our negligence (including that of our employees) or for fraud or fraudulent misrepresentation. This does not include any damage caused as a result of a participating seller’s negligence or fraud or fraudulent misrepresentation where you have concluded a purchase transaction directly on the seller’s website.
14.3 If we fail to comply with these Terms we shall only be liable for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created.
14.4 Comhla shall not be liable for any indirect, special or consequential losses including but not limited to damage to reputation or goodwill.
14.5 Please note that we only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purposes, we shall not be liable to any third-party, nor shall we be liable to you for any loss of profit, loss of business, loss of revenue, interruption to business or damage to reputation and goodwill.
14.6 Subject to this section 14, our total liability for any losses incurred by you shall not exceed the value of the products and services purchased by you on our website.
14.7 The responsibility for the products passes to you as soon as the products are delivered to you and come into your possession. We shall not be liable for any damage caused to the products after they have come into your possession.
14.8 We do not warrant that our services, information and/or content included on or otherwise made available to you through our website, social media, servers, or electronic communication sent by us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the access of our services, or from any information or content and/or services, included on or otherwise made available to you through our website, social media or other online/digital/electronic communication, including, but not limited to direct, indirect, incidental, punitive and consequential losses and/or damages, unless otherwise specified in writing.
15. Force Majeure or events outside our control
15.1 Comhla shall not be held liable for any delay or failure to perform its obligations under these Terms, where such delay or failure is caused by a Force Majeure Event. A Force Majeure Event is a supervening event or combination of events and circumstances beyond the control of a Party which cannot: (i) by the exercise of reasonable diligence, or (ii) despite the adoption of reasonable precaution and/or alternative measures be prevented, or caused to be prevented, and which materially and adversely affects a Party's ability to perform its obligations under this Agreement.
A Force Majeure Event shall include: (i) explosions, fires, flood, earthquakes, catastrophic/adverse weather conditions, travel disruptions due to adverse weather conditions or otherwise, epidemic, pandemic or other elements of nature or acts of God; (ii) acts of war (declared or undeclared), acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage (including electronic sabotage and attacks); (iii) acts of local or foreign governmental authorities or courts; and (iv) labour disputes, lockouts, strikes or other industrial action, whether direct or indirect and whether lawful or unlawful, (v) damage to the site or business premises for reasons beyond a Party’s control. If Comhla is prevented from or delayed in performing any of its obligations under this Agreement by a Force Majeure Event, it shall promptly notify you of the occurrence of a Force Majeure Event and describe, in reasonable detail, the circumstances constituting the Force Majeure Event and of the obligations, the performance of which are thereby delayed or prevented. If the Force Majeure Event continues for 30 [thirty] days or more you shall be entitled to reschedule the delivery date to a future date or cancel your Order, in which case you shall receive a refund for the products purchased but not yet received by you.
16. Intellectual Property
16.1 We own the intellectual property to our Trade Mark, logo(s), images, artwork and content, whether digital or otherwise created by us (“Comhla Assets”).
16.2 The Trade Marks and copyright in Product Information, images, designs and content supplied by participating sellers belong to the respective participating suppliers (“Seller Assets”). We disclaim any and all rights over Seller Assets.
16.3 You agree that other than for the purposes of attributing us and/or the participating sellers for products and services, you will not use Comhla Assets and/or Seller Assets for any unauthorised use including the reproduction, distribution, communication and/or sale of Comhla and/or Seller Assets to third parties. Unauthorised use of Comhla Assets and/or Seller Assets shall constitute a breach of our intellectual property rights, entitling us to seek indemnification from you as the infringing party for any losses, and/or claims resulting from such breach and to seek damages, injunctions and/or any other remedies available to us under law and/or equity.
16.4 For the purposes of promoting our services and showcasing our portfolio of work, we are permitted to refer to you as our customers, publish any testimonials provided by you and provide references of the services provided to you.
16.5 When concluding a purchase directly on a participating seller’s website you should refer to their terms relating to the treatment of their intellectual property.
17. Data Protection
17.1 We shall collect information and data relating to you and/or our website users (such as name, email address, shipping address and payment details) for the purposes of providing our services and carrying out business operations.
17.4 You may choose to connect with us on social media. Please remember that when you share information publicly on the website or on social media platforms, for example a comment on a blog post or within social media groups, it may be indexable by search engines, including Google, which may mean that the information is made public.
When you participate in conversations on social media your personal data is visible to members of the concerned social media group and to the public in general. Please note that you participate in social media related activities at your sole discretion, and we shall not be liable for the access and use of your personal data by third parties, via social media, including circumstances, where third parties contact you or initiate a conversation with you, on social media or otherwise, as a result of your information made available to them via our social media groups or any activity you participate in through our social media platforms or by connecting with us on social media.
17.5 Children- We do not knowingly collect or process data from anyone under the age of 13 (thirteen) years old (“Child”/ “Children”). Our services and website content are not directed at minors, i.e., persons below the age of 18 [eighteen] years, especially children below the age of 13 [thirteen] years.
If you are a parent or guardian and you are aware that your Child has provided us with personal data without your consent, please contact us. Unless contacted by a parent or legal guardian, we have no way of knowing that personal data was submitted by a Child without parental consent. As a parent/legal guardian you understand that that the onus of controlling your Child’s personal data lies on you. If we become aware, after notification by a parent/legal guardian or the Children themselves, that we have collected personal data from Children without verification of parental consent, we take steps to remove that information from our servers.
18. Confidential Information
18.1 The Parties hereby acknowledge that during the course of the supply of services or during the course of a dealing, the Parties may be given access to each other’s Confidential Information and data relating to each other or each other’s businesses. For the purposes of these Terms, “Confidential Information” shall mean any information supplied by one Party to the other during the course of the supply of services by us and/or in the course of a dealing between the Parties, and/or any information relating to a Party that is not in the public domain. Confidential Information does not include information to the extent that it is independently developed or known by the other Party (including because it is in the public domain) or required to be disclosed by law.
For the purposes of these Terms, the Party supplying the Confidential Information shall be referred to as “the Owning Party” and the recipient of the Confidential Information shall be referred to as “the Receiving Party”.
18.2 Obligations of Non-Disclosure and Non-Use
(a) Unless otherwise agreed to in advance and in writing by the Owning Party, the Receiving Party will not, except as required by law or under a court order, use the Confidential Information for any purpose other than for the purposes contemplated under these Terms. In addition, neither Party will disclose the Confidential Information belonging to the Owning Party, to any third party nor use it for the benefit of themselves or of any third party.
(b) We may disclose your Confidential Information:
(i) To our employees, independent contractors, free-lancers, consultants, partners, or co-workers (as applicable) on a “need to know basis” only which means that we may disclose the Confidential Information only to those of our employees, independent contractors, freelancers, consultants, partners, or co-workers who need to know such information for the performance of services and/or for the conduct of our business
(ii) Where maintaining confidentiality conflicts with our duty of care
(iii) When an issue arises that we believe needs to be referred elsewhere. However, we will discuss this with you first
(iv) where you have consented to it
By purchasing our services you agree to your information being disclosed to the parties and in the manner outlined in paragraph 18.2(b) of these Terms.
19. Dispute Resolution, Jurisdiction and Governing Law
19.1 Any dispute between the Parties, arising from or in connection with these Terms shall in the first instance, be attempted to be resolved by amicable settlement.
19.2 If the dispute is not resolved within 30 (thirty) days from the date on which attempts at amicable settlement began the dispute shall be submitted to a mutually-appointed sole mediator. The mediator shall be a neutral person with no ties to either Party, and the costs of appointing the mediator shall be borne equally by the Parties involved. The settlement arrived at as a result of mediation shall to the extent possible and permissible be upheld by the Parties.
19.3 Should the mediation fail any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be exclusively referred to the courts of England and Wales.
19.4 This Agreement shall be governed by the laws of the England and Wales.
20.1 We may review, revise, or vary these Terms and the policies referred to within them from time to time to reflect the changing needs of the business and to comply with new legislation. As a customer we encourage you to visit these Terms and Conditions on a regular basis so that you stay up to date with them.
21.1 Individual sections of these Terms are to be considered separately, and if any provision within these Terms is found by any court of competent jurisdiction to be invalid or unenforceable, these Terms will be deemed to have effect as if the invalid or unenforceable provision were severed from the rest of these Terms.
22. Exclusion of Third-Party Rights
22.1 Only you and us are entitled to enforce these Terms. Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us, and such third parties shall not be entitled to enforce any term of these Terms and Conditions against us.
23. Entire Agreement
23.1 These Terms represent the entire agreement between you and us. If any employee or agent of Comhla has agreed to anything inconsistent with these Terms, these Terms will always take priority.