Costa Limited

Costa Portal Terms of Use

These terms of use (together with the documents referred to in them) set out the terms on which you, upon successfully becoming a registered user, may make use of the Costa Portal (the "portal") which is accessed via our website (our "site"). Use of the portal includes accessing, browsing, or registering to use it.

In these terms of use, when we refer to "you" or "your", we mean the business on whose behalf you are acting.

Please read these terms of use carefully before using the portal.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of the portal. By using the portal you are agreeing to comply and be bound by them. If you do not agree to these terms of use or the terms and conditions listed below, please do not use the portal.

Please note our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us, when using the portal.

1. Information about us

The portal is owned by Costa Limited ("we" or "our" or "us") or our licensors. We are registered in England and Wales under company number 01270695 and have our registered office at Costa Limited, Costa House, 6 Porz Avenue, Houghton Hall Business Park, Houghton Regis, Dunstable, Beds, LU5 5YG.

2. Changes to these terms

We may revise these terms of use at any time. Please check these terms of use, available at Terms & Conditions, regularly and take note of any changes we have made as they are binding on you.

3. Changes to the portal

We may modify, enhance, amend or replace the functionality of the portal and/or the content and services accessible through the portal from time to time.

4. Permitted use

We grant you a limited, personal, non-exclusive, royalty-free, non-sub-licensable, non-transferable, revocable licence to use, for your internal business purposes only, the portal for the sole purpose of accessing, downloading and printing the following information and materials ("content"):

where you are the owner, lessee or license of a Costa Express coffee machine: data, analytics, feedback and other information made available to you in respect of your Costa Express coffee machine(s), including (without limitation) any information relating to any technical or business support services configured, supplied or otherwise provided by us (or by our third party service providers) to you in relation to your Costa Express coffee machine(s);
where you are a Costa service provider: data, analytics, feedback and other information made available to you to the extent required to enable you to provide support services for or on behalf of Costa in connection with any Costa Express coffee machine(s).

For the avoidance of doubt, all content is owned by us and made available to you on a confidential basis.

5. Prohibited activities

Except as permitted under these terms of use, you must not (and must ensure that all of your personnel do not):

adapt, customise, reverse engineer, decompile, disassemble or modify, develop or alter the portal or alter any content (although you will be able to add limited information which is personal to you and you warrant and undertake that all such information will be accurate true and complete), or create any derivative works of the portal or any content, except as permitted by law and where such permission cannot be excluded by agreement between the parties;
attempt to access any content contained on the portal which does not relate to you;
permit any person (other than one of your authorised users) to use or access the portal or any of the content;
use the portal or any of the content for any purpose other than the purposes set out in clause 4;
access all or any part of the content in order to build a product or service which competes with the portal; or
use the portal, or the content available on the portal, to provide services to third parties (except to the extent permitted under any other agreement between you and us);
license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the portal or any of the content to any third party; or
use the portal to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (as set out in clause 7);
use the portal by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any content or other material from the portal for use within a third party website or application;
use the portal or its content in a manner that is contrary to applicable law; or
share any content with individuals that are not authorised users or individuals that are not employed by your organisation for purposes directly connected with the administration or performance of your contract with us for Costa Express coffee machines;
remove, obliterate or alter any copyright, proprietary or similar notices on the portal or any of the content.

6. Interactive services

Where we provide interactive services on the portal, including, without limitation, chat rooms and/or bulletin boards ("interactive services") we are under no obligation to oversee, monitor or moderate such interactive service, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards (as set out in clause 7).

7. Content standards

These content standards apply to any and all material which you contribute or upload to the portal ("contributions"), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards.

Contributions must be accurate (where they state facts) and be genuinely held (where they state opinions).

Contributions must not:

contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right, trade mark or other intellectual property right of any other person or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

8. Access to and availability of the portal

Access to portal and content is restricted to owners, lessees or licensees of Costa Express coffee machines and Costa service providers who provide support services for or on behalf of Costa in connection with Costa Express coffee machine(s).

You are responsible for making all arrangements necessary for you to have access to the portal and for ensuring that all designated persons who access our the portal and its content through your internet connection, or otherwise on your behalf, are aware of and comply with these terms of use and other applicable terms and conditions.

The portal is made available free of charge. We do not guarantee that the portal or any content will be free from errors or omissions or will always be available to you. Access to the portal and content is permitted on a temporary basis. We cannot guarantee that your access will be uninterrupted.

We may suspend your access to, or withdraw, discontinue or change all or any part of, the content at any time and without notice. We may also suspend, withdraw or change your access permissions to the portal at any time and without notice. We may remove any contribution or other posting or material uploaded by you to the portal, including, without limitation, where we believe a breach of the content standards has occurred. Any such suspension, withdrawal, discontinuation or change may operate on a temporary or permanent basis (in our discretion). We will not be liable to you if for any reason if the portal or content is unavailable at any time or for any period.

9. Your account and password

Before using the portal, you must register as an authorised user and generate a user identification code and password. You must treat your user identification code and password as confidential information and it must not be disclosed to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time and for any reason, including where, in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.

You must not allow any person other than an authorised user to access or use the portal or any of the content. You are responsible for any unauthorised use of your user identification code or password.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hub-support@costa.co.uk

10. Intellectual property rights and content ownership

We are the owner or the licensee of all intellectual property rights subsisting in the portal (and the site through which it is accessed), the content and any other material published on the site and/or portal (the "works"). Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved. You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these terms of use.

All contributions or other suggestions or feedback provided by you in relation to the portal and/or the content will be deemed to be owned by us and you hereby assign all rights in such contributions, suggestions or feedback to us.

If you print off, copy or download any part of the portal or portal content in breach of these terms of use, your right to use and access the portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No reliance on information

Any content or other information made available through the portal is provided for information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content or other information on the portal. We make no representations, warranties or guarantees, whether express or implied, that any of the content is accurate, complete or up-to-date.

11. Confidential Information

You must keep confidential, and shall not disclose to any third party, any content or other information of a confidential nature (including trade secrets and information of commercial value) which may become known to you in the course of using the portal ("confidential information"), unless that information is already known to you at the time of disclosure without any obligation of confidentiality, or subsequently becomes public knowledge (other than by breach of these terms of use) or subsequently comes lawfully into your possession from a third party who is not under an obligation of confidentiality to us.

In addition, you may disclose confidential information:

to your employees, officers, representatives or advisers who need to know such information for the purposes of exercising your rights under these terms of use (provided such employees, officers, representatives or advisers comply with the obligations of confidentiality contained in these terms of use); and
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

12. Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

The portal, the content and any other material accessible through the portal is provided "as is" and, to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the portal or any content accessed through the portal, whether express or implied.

We will not be liable to you or any user 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:

use of, or inability to use, the portal or any content; or
use of or reliance on any content available through the portal.

We will not be liable for (in each case, whether arising directly or indirectly):

loss of profits, sales, contracts, business, or revenue;
business interruption;
loss or corruption of any of the content or any other data;
loss of anticipated savings;
loss of or damage to business opportunity, goodwill or reputation,

nor will we be liable for any consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the portal or to your downloading of any content or any material available on, accessible through, or linking to, the portal.

Our total liability to you for any loss or damage arising out of or in connection with these terms of use and your use of the portal or the content, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to £100.

13. Viruses

We do not guarantee that the portal or the content will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the portal. You should use your own virus protection software.

You must not misuse the portal by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the portal, the content, the server on which our site is stored or any server, computer or database connected to our site or the portal. You must not attack the portal or the site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the portal will cease immediately.

14. Linking to the portal

You may link to the portal within your company intranet or employee communications provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to the portal within any public facing website owned by you.

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

You must not establish a link to the portal in any website that is not owned by you.

Our portal must not be framed on any other website, nor may you create a link to any part of our portal other than the home page.

We reserve the right to withdraw linking permission without notice.

15. Third party links and resources in the portal

Where the portal contains links to other websites and resources provided by third parties, we assume no responsibility for the content of such websites and resources. Such links should not be interpreted as endorsement by us of those linked websites or resources. We will not be liable for any loss or damage that may arise from your use of them.

16. Other important information

Each of the clauses of these terms of use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17. Applicable law

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and you and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms of use or their subject matter or formation (including non-contractual disputes or claims).

18. Contact us

To contact us, please email hub-support@costa.co.uk

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