TERMS AND CONDITIONS OF USE
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our webpages (hereafter "Webpages"). Your use of the Webpages will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use of the services provided through or in connection with the Webpages (hereafter "Services"). Each time you use our Services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms you may not use the Webpages or the Services.
The Webpages include https://www.octer.co.uk and all pages and subfolders within that subfolder. The Webpages are owned by Shareight Ltd (hereafter “Business”) , a company registered in England and Wales (company number 08515185).
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on the Webpages are provided solely for your convenience. If you use these links, you leave the Webpages. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the webpages, you do so entirely at your own risk.
On occasion, a product or service offered by advertisers on the Webpages may not be available at the time or at the price listed. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology error, error in the date or length of availability, or error in pricing or product or service information received from our advertisers or other User, User agrees that Business is not responsible for such errors or discrepancies and that User’s only course of action is to contact the appropriate advertiser or other User.
LICENCE AND COPYRIGHT
The Webpages contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, and graphics and the entire content of the Webpages is copyrighted as a collective work under UK and International copyright laws. The Business owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Business and the copyright owner. Elements of the Website are protected by trademark, competition and other laws and may not be copied or imitated in whole or in part, by any means.
In accordance with UK and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to firstname.lastname@example.org or by letter to: Shareight Ltd, 1-3 Brixton Road, London, SW9 6DE.
OBLIGATIONS OF USER
Use of the Webpages as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
Illegal/Criminal Activity The Webpages may not be used in connection with criminal or civil violations of state, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
Security Violations : The Webpages may not be used in connection with attempts, whether successful or not, to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
Basic Security : User is responsible for maintaining the basic security of its computer system and to prevent its use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
Threats : The Webpages may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.
Offensive Materials : The Webpages may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials.
User is further prohibited from the following activities:
i. Employing any mechanisms, software or scripts when using the Webpages. However, the User may use the interfaces or software provided by Business within the scope of the services available on our Webpages and in accordance with these Terms;
ii. Blocking, overwriting, modifying and copying of any contents of the Business Webpages.
iii. Distributing or publicly disclosing the contents of the Webpages or any of its terms, without written permission from Business, or
iv. Performing any actions that may impair the operability of the infrastructure of the Webpages, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software
Indirect Access : A violation of these Terms by someone having only indirect access to the Webpages through a User, will be considered a violation, whether or not with User’s knowledge or consent.
In addition, these policies apply to any email or content transmitted by User, or on your behalf, that uses a Business account as a mailbox for responses or promotes content, hosted or transmitted, using Business facilities, or that indicates, in any way, that Business was involved in the transmission of such email or content.
The resale of Business products and services is not permitted, unless expressly permitted by these Terms or in a separate written agreement.
Violations of these Terms may result in immediate suspension or termination of our services to you, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Business, in its sole discretion.
When feasible, it is Business’s preference to give notice so that violations may be addressed voluntarily, however, we reserve the right to act without notice, when necessary, as determined by Business in its sole discretion. Business may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms.
Uses and Other Policies
User warrants and represents that they are of legal age to use our Webpages, at their time of use, or that they are a legal entity, created by operation of law.
Requests to use Business content for any purpose other than as permitted in these Terms shall be directed to Business at: email@example.com
Business shall not be liable for User interactions with any 3rd-parties, businesses and/or individuals found on the Business web site or through the services provided. This includes, but is not limited to, payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between User and such 3rd-parties, businesses and/or individuals. User understands and agrees that Business is not responsible for any damage or loss incurred as a result of any such dealings. Business is under no obligation to become involved in disputes between Users of our Webpages, or between Users of our Webpages and any 3rd-party. In the event of a dispute, User agrees to release Business its officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
While the Business uses reasonable efforts to include accurate and up-to-date information, the Business specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all the Webpages, either now operating or created in the future. The Business disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. The Business disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Webpages.
The Business does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of the Webpages or on any external websites linked to them. In particular, the Business does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall the Business be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties.
THE WEBPAGES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE WEBPAGES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. THE BUSINESS EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE BUSINESS DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBPAGES. THE BUSINESS DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBPAGES. THE BUSINESS DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE WEBPAGES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEBPAGES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE WEBPAGES.
THE USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBPAGES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. THE USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
THE BUSINESS AND THE WEBPAGES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd-PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
The Business may modify, suspend, discontinue or restrict the use of any portion of the Webpages, including the availability of any portion of the content at any time, without notice or liability.
User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the Business or any of the Webpages. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this Webpages are unavailable at any time or for any period. Access to the Webpages may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
In no event (including our own negligence) will we be liable for any:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless the Business, its Webpages and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
1. Your use of the Webpages;
2. The Business's use of any your content or information, as long as such use is not inconsistent with these Terms;
3. Information or material provided through your IP address, even if not posted by you or
4. Any violation of these Terms by you.
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
We do not warrant that materials, services or information for sale on the Webpages are appropriate or available for use outside the United Kingdom. It is prohibited to access the Webpages from territories where its contents are illegal or unlawful. If you access the Webpages from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of the Business.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
These Terms represent the entire understanding between the User and the Business and supersedes any prior statements or representations. THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the Webpages, it’s Services, downloading and uploading content, and understands that it is entering into a binding and legal agreement with the Business.
These Terms and Conditions were last updated, and became effective, on 31/07/2019.