Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.colourtext.com (“our site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference. 

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. 

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • 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. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. 
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

 

Information about us

Our site is operated by Dollywagon Limited trading as Colourtext (“we”, “us” or “our”), a company registered in England and Wales (company number 05989481), registered office at Dalmar House Barras Lane Estate, Dalston, Carlisle, United Kingdom, CA5 7NY. We are a limited company. Our VAT number is 154207825.

Changes to these terms

We may revise these terms of use at any time by amending this page. 

Please check this page from time to time to take notice of any changes we made, as they are binding on you. 

Changes to our site

We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. 

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is for your personal, non-commercial and lawful use only. Other than as permitted in these terms of use, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit our site, or any content, information, software, products or services obtained from our site, for any commercial purpose or enterprise. You may not use our site or any content within our site for any purpose that is unlawful or prohibited by these terms of use or solicit the performance of an illegal activity or other activity which infringes our rights or other individuals or entities. 

Subject to your compliance with these terms of use, you may access our site and display and use the contents of our site and we grant to you a limited, non-exclusive, non-transferable right to access and use the content and services made available on our site. You may not (a) decompile, disassemble or reverse engineer our site or any portion thereof, or (b) attempt to gain unauthorized access to our site, any portion thereof or any other computer systems or social media or mobile platforms through our site. You agree that you will not use our site in any manner that could damage, disable, overburden, or impair our site or interfere with any other party’s use and enjoyment of our site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our site. Use of any of our site made available through a third-party platform is also subject to the platform’s applicable terms and conditions.

For more information about acceptable use of our site and prohibited uses of our site, please refer to our Acceptable Use Policy.

Our site is made available free of charge. 

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. 

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 

 

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 

You will not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from our site, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available our site, or any features or functionality of our site, to any third party for any reason, including, without limitation, by making our site available on a network where it is capable of being accessed by more than one device at a time. 

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. 

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

No reliance on information

The content on our site is provided for general 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 on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. 

 

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.

WE WILL NOT BE LIABLE TO 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, OUR SITE; OR
  • USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE. 

IF YOU ARE A BUSINESS USER, PLEASE NOTE THAT IN PARTICULAR, WE WILL NOT BE LIABLE FOR:

  • LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
  • BUSINESS INTERRUPTION; 
  • LOSS OF ANTICIPATED SAVINGS; 
  • LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
  • ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE. 

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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 OUR SITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.

Warranty disclaimer

Your use of our site is at your sole risk. OUR SITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS AND LINKS THEREON, AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT (A) OUR SITE WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING OUR SITE WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON OUR SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH OUR SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO OUR SITE OR DELETION OF YOUR ACCOUNT AT ANY TIME, FOR ANY REASON. THIS PARAGRAPH DOES NOT AFFECT OR SUPERSEDE ANY RIGHTS THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

Viruses

We do not guarantee that our site 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 our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would 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 our site will cease immediately.

Linking to our site

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 

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

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

Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. 

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact [email protected]

Children

To use our site, you must be the age of legal majority in your place of residence. By using our site, you hereby represent that you are at least the age of legal majority in your place of residence. We do not use an application or other mechanism to determine the age of users of our site. We will use commercially reasonable efforts to delete information associated with a minor as soon as practicable if we learn that a minor has submitted information to us.

 

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. 

We have no control over the contents of those sites or resources. Your linking to any other website is at your own risk, and you should be aware that, unless otherwise indicated, these terms of use do not apply to any such third party sites or resources. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate. 

Electronic communications

The communications between you and us use electronic means, whether through our site or via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales. 

Contact us

To contact us, please email [email protected]

Mark Uttley
Group Strategy Director, AKQA, San Francisco, US

"Colourtext always take a fresh approach to discovering hidden patterns in data. Whether you want to conduct segmentation or mine your CRM for deep insights, they will help you see your customers , and what they are seeing , in new ways."

Joaquim Bretcha
International Director of Netquest and President of ESOMAR, Barcelona, Catalonia, Spain

"Colourtext and Netquest have partnered on different occasions to showcase the power of the digital behavioural data extracted from Netquest’s consumer panel. Colourtext has not only the expertise of dealing with big datasets but also has brilliant creativity to make the most sense out of them. Working with Colourtext is a rich, agreeable and easy going experience"

Mark Barber MBE
Planning Director, RadioCentre, London, UK

"More than a decade of success for Radiog auge across the world is a testament to Colourtext’s experience and perseverance. There are many obstacles to creating a global currency for measuring radio advertising effectiveness - Colourtext has managed to tackle all of them."

"It’s rare to find research companies that really understand the unique radio / listener relationship and what makes radio advertising work. With experience of researching the medium on both sides of the fence, Colourtext is one of those rare companies."

Simone Lawrence
Director of Insights, Canadian Broadcast Sales, Toronto, Canada

Colourtext has an agile approach to research that ensures a successful outcome to every challenge CBS gives them. The depth of experience and understanding the Colourtext team brings to each study demonstrates their value in the audio space. We have a very positive nine year working relationship behind us that has created significant value for CBS and our clients. We remain committed to working with Colourtext in the coming years.

Jon Puleston
Vice President of Innovation, Kantar Profiles, London, UK

It's rare to find a partner with the mix of analytical, technological and creative skills offered by Colourtext. Jason and his team seem to roam around freely in data, find the stories that matter and bring a distinctive aesthetic vision to the presentation of information.