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Terms
and Conditions
This agreement applies
as between you, the User of this Web Site and Optimum Reports Ltd,
the owner(s) of this Web Site. Your agreement to comply with and
be bound by these terms and conditions is deemed to occur upon your
first use of the Web Site. If you do not agree to be bound by these
terms and conditions, you should stop using the Web Site immediately.
Definitions
and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content”
means any text, graphics, images, audio, video, software, data
compilations and any other form of information capable of being
stored in a computer that appears on or forms part of this Web
Site;
“Learning
Establishment” means any provider of education to persons
of any age including, but not limited to, schools, colleges, universities
and professional / adult education providers;
"Optimum"
means Optimum Reports Ltd, PO Box 834, Doncaster, DN6 9WW
“Service”
means collectively any online facilities, tools, services or information
that Optimum makes available through the Web Site either now or
in the future;
“System”
means any online communications infrastructure that Optimum makes
available through the Web Site either now or in the future. This
includes, but is not limited to, web-based email, message boards,
live chat facilities and email links;
“User”
/ “Users” means any third party that accesses the
Web Site and is not employed by Optimum and acting in the course
of their employment; and
“Web Site”
means the website that you are currently using (www.optimumreports.co.uk)
and any sub-domains of this site unless expressly excluded by
their own terms and conditions.
Intellectual
Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions,
all Content included on the Web Site, unless uploaded by Users,
including, but not limited to, text, graphics, logos, icons, images,
sound clips, video clips, data compilations, page layout, underlying
code and software is the property of Optimum, or our affiliates.
By continuing to use the Web Site you acknowledge that such material
is protected by applicable United Kingdom and International intellectual
property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in any
other fashion re-use Content from the Web Site for personal or educational
purposes only unless otherwise indicated on the Web Site or unless
given express written permission to do so by Optimum. Specifically
you agree that:
2.2.1 You will not
use the Content of the Web Site for commercial purposes;
2.2.2 You will not systematically copy Content from the Web Site
with a view to creating or compiling any form of comprehensive
collection, compilation, directory or database unless given express
written permission to do so by Optimum;
2.2.3 You may, as a student of a recognised Learning Establishment,
use the Content of the Web Site for educational purposes provided
an appropriate reference is given for all Content so applied using
a suitable referencing system of your choice or as stipulated
by your Learning Establishment;
2.2.4 Employees of Learning Establishments may use the Content
of the Website for teaching purposes subject to the following
conditions: a) No further consent is required for use in not-for-profit
Learning Establishments. This may include, but is not limited
to, schools that charge no fees for tuition; and b) For use in
profit-making Learning Establishments, prior written consent is
required. This may include, but is not limited to, private schools
charging fees, universities and adult education providers.
Third Party
Intellectual Property
Where expressly indicated, certain Content and the Intellectual
Property Rights subsisting therein belongs to other parties. This
Content, unless expressly stated to be so, is not covered by any
permission granted by Clause 2 of these Terms and Conditions to
use Content from the Web Site. Any such Content will be accompanied
by a notice providing the contact details of the owner and any separate
use policy that may be relevant.
Links to
Other Web Sites
This Web Site may contain links to other sites. Unless expressly
stated, these sites are not under the control of Optimum or that
of our affiliates. We assume no responsibility for the content of
such web sites and disclaim liability for any and all forms of loss
or damage arising out of the use of them. The inclusion of a link
to another site on this Web Site does not imply any endorsement
of the sites themselves or of those in control of them
Links to this
Web Site
Those wishing to place a link to this Web Site on other sites may
do so only to the home page of the site www.optimumreports.co.uk
without prior permission. Deep linking (i.e. links to specific pages
within the site) requires the express permission of Optimum. To
find out more please contact us by email at info@optimumreports.co.uk
or by post at Optimum, PO Box 834, Doncaster, DN6 9WW or by telephone
on 01302 88 77 77.
Use of Communications
Facilities
6.1 When using the forums and / or any other System on the Web Site
you should do so in accordance with the following rules:
6.1.1 You must not
use obscene or vulgar language;
6.1.2 You must not submit Content that is unlawful or otherwise
objectionable. This includes, but is not limited to, Content that
is abusive, threatening, harassing, defamatory, ageist, sexist
or racist;
6.1.3 No Content that is intended to promote or incite violence;
6.1.4 It is advised that posts on <<FORUMS/CHAT OR SIMILAR>>
and communications with Optimum are made using the <<LANGUAGE>>
language(s) as we may be unable to respond to enquiries submitted
in any other languages;
6.1.5 You must not post links to other web sites containing any
of the above types of Content;
6.1.6 The means by which you identify yourself must not violate
these terms of use or any applicable laws;
6.1.7 You must not engage in any form of commercial advertising.
This does not prohibit references to businesses for non-promotional
purposes including references where advertising may be incidental;
6.1.8 You must not impersonate other people, particularly employees
and representatives of Optimum or our affiliates; and
6.1.9 You must not use our System for unauthorised mass-communication
such as “spam” or “junk mail”.
6.2 You acknowledge
that Optimum reserves the right to monitor any and all communications
made to us or using our System.
6.3 In order to use the forums and any other communication facility
that may be added in the future on this Web Site, you are required
to submit certain personal details. By continuing to use this Web
Site you represent and warrant that:
6.3.1 Any information
you submit is accurate and truthful; and
6.3.2 You will keep this information accurate and up-to-date.
Privacy
Use of the Web Site is also governed by our Privacy
Policy which is incorporated into these terms and conditions
by this reference. To view the Privacy Policy, please click on the
link above.
Disclaimers
8.1 Optimum makes no warranty or representation that the Web Site
will meet your requirements, that it will be of satisfactory quality,
that it will be fit for a particular purpose, that it will not infringe
the rights of third parties, that it will be compatible with all
systems, or that it will be secure.
8.2 Whilst every reasonable endeavour has been made to ensure that
all information provided on this Web Site will be accurate and up
to date, Optimum makes no warranty or representation that this is
the case. We make no guarantee of any specific results from the
use of our services.
8.3 No part of this Web Site is intended to constitute advice and
the Content of this Web Site should not be relied upon when making
any decisions or taking any action of any kind.
8.4 The information on this Web Site is not designed with commercial
purposes in mind. Commercial use of the Content of this Web Site
is forbidden under Clause 2.2.1 of these Terms and Conditions. Any
such use constitutes a breach of these Terms and Conditions and
Optimum makes no representation or warranty that this Content is
suitable for use in commercial situations or that it constitutes
accurate data and / or advice on which business decisions can be
based.
8.5 Whilst every effort has been made to ensure that all descriptions
of services available from Optimum correspond to the actual services
available, Optimum is not responsible for any variations from these
descriptions.
Availability
of the Web Site
The Service is provided “as is” and on an “as
available” basis. We give no warranty that the Service will
be free of defects and / or faults. To the maximum extent permitted
by the law we provide no warranties (express or implied) of fitness
for a particular purpose, accuracy of information, compatibility
and satisfactory quality.
Optimum accepts no
liability for any disruption or non-availability of the Web Site
resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network
failure, power failure, natural events, acts of war or legal restrictions
and censorship.
Limitation
of Liability
10.1 To the maximum extent permitted by law, Optimum accepts no
liability for any direct or indirect loss or damage, foreseeable
or otherwise, including any indirect, consequential, special or
exemplary damages arising from the use of the Web Site or any information
contained therein. Users should be aware that they use the Web Site
and its Content at their own risk.
10.2 Nothing in these terms and conditions excludes or restricts
Optimum’s liability for death or personal injury resulting
from any negligence or fraud on the part of Optimum.
10.3 Whilst every effort has been made to ensure that these terms
and conditions adhere strictly with the relevant provisions of the
Unfair Contract Terms Act 1977, in the event that any of these terms
are found to be unlawful, invalid or otherwise unenforceable, that
term is to be deemed severed from these terms and conditions and
shall not affect the validity and enforceability of the remaining
terms and conditions. This term shall apply only within jurisdictions
where a particular term is illegal.
11. Law and
Jurisdiction
These terms and conditions and the relationship between you and
Optimum shall be governed by and construed in accordance with the
Law of England and Wales and Optimum and you agree to submit to
the exclusive jurisdiction of the Courts of England and Wales.
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