Terms & Conditions
IMPORTANT – BY ACCESSING AND USING THE OKAPOLIO SITE YOU WILL BE LEGALLY BOUND BY THESE TERMS.
If you do not wish to be bound by these Terms and Conditions, You may not use the Okapolio Site and should exit the Okapolio Site at once.
These Terms and Conditions shall apply to your use of the website located at okapolio.com and all pages and parts thereof (“the Site”).
1.1 “You/your” means you, the user.
1.2 “We/Us” means Okapolio Limited hereafter referred to as the Company
1.3 “the Site” shall have the meaning as set out above.
1.4 “User Information” means the personal details that may be provided by you to us via the Site.
1.5 “Users” means the users of the Site collectively and/or individually as the context admits.
1.6 “Website” means a site on the World Wide Web.
2. Acceptable Use
You agree that any use by you of the Site shall be in accordance with the following conditions:
2.1 You must not post or transmit through the Site any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way upon the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which does not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. You must always treat other users with respect.
2.2 You will and must not post or otherwise make available on the Site any material which you do not own without the express permission of the owner of the material.
2.3 You may not copy, download, reproduce, republish, broadcast, print, transmit in any manner whatsoever, any material on the Site except as is strictly necessary for your own personal non-commercial home use.
2.4 You agree not to use the Site to transmit any material for the purpose of publicity, promotion and/or advertising or any other commercial purpose.
3. Third Party Websites
3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Site, and do not endorse and are not responsible or liable for any content, advertising, products or services on or available from such Websites or material, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from such Websites or material.
3.2 Any dealings between You and any advertisers or merchants found on or via the Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between You and the relevant advertiser or merchant. You agree not to hold us liable for any loss or damage of any kind incurred as the result of any such dealings.
4. Intellectual Property
4.1 The Site is the property of Okapolio. All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Site shall remain at all times vested in us or our licensors. You are permitted to use this material or content only as expressly authorised in writing by us or our licensors and may not and agree not to assist or facilitate any third party to copy, reproduce, transmit, distribute, commercially exploit or create derivative works of such material or content.
4.2 If you become aware of any such unauthorised distribution or commercial exploitation, you agree to notify us immediately.
4.3 You acknowledge that by posting materials on the Site You grant to us and our licensors and assigns an irrevocable, perpetual royalty free worldwide fully paid-up licence to use the materials within the Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, re-formatting, adapting and editing the materials.
4.4 If you download any software from the Site, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are subject to the limited licence set out at 2.3 above. We and/or our suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software in any way, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.
5. Our Rights
5.1 Material that is posted on any bulletin boards or chat forums is written by users and we are not responsible for and give no endorsement of such material. We monitor the contributions and may respond to or comment upon communications by you and edit, refuse to post or remove any content from the bulletin boards and chat forums at our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by us.
5.2 To the extent permitted by law, We make no warranties, express or implied, as to the content of the Site or the accuracy, timing or reliability of any information or statements contained therein, or statements, advice and opinions given by Users on the bulletin boards and chat forums which are those of such Users only. We neither endorse nor shall be held responsible for the reliability or accuracy of the same and we are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided on the Okapolio Site. If you have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not against us.
5.3 We will endeavour to provide the Site using all reasonable care. To the extent permitted by law, We exclude all implied warranties as to quality, accuracy or fitness for any particular purpose and We do not warrant that the material contained in the Site, any of the functions contained in the Site and the server will operate without interruption or delay or will be error free, free of defects, viruses or bugs or is compatible with any other software or material.
5.4 We reserve the right, at any time, to modify, alter, or update these terms and conditions of use, and you agree to be bound by any such modifications, alterations or updates which are posted on the Site.
5.5 We together with our agents, affiliates, directors, employees or other representatives shall not be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with Your use of the Site, whether direct or indirect, including, damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other consequential loss. Nothing in these terms or conditions shall exclude or limit our liability for death or personal injury resulting from the negligence of us, our servants, agents or employees.
6.1 We shall comply with applicable UK Data Protection legislation from time to time in force in respect of any personal information relating to you gathered by us.
6.2 You may be asked to input various basic information about yourself on different pages of the Site. At each location where information is requested there is a statement about the purpose for which that information will be used. We will not use the information given for any other purpose than that stated at each location.
6.3 Please email us using the contact us section of the Site to notify us of any changes to the information you have previously given or if you wish to withdraw your consent to our using the User Information for the stated purposes or for any form of promotional contact.
6.4 You acknowledge that, as is the case with all computer networks linked to the Internet, We cannot absolutely guarantee and will not be responsible for the security or privacy of information that you provide us with through the Site.
We give our ongoing commitment to use all reasonable endeavours to ensure that you can use the Site with confidence. When using the Site, in particular any bulletin boards or chat forums, you should always take the following precautions:
7.1 keep your identity private. Do not give out Your full name, postal address, telephone number, e-mail address, or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity;
7.2 never get together with someone you meet online;
7.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable. Instead, please let Us know about them immediately by emailing us using the feedback section of the Site.
You agree to indemnify us, and/or any of our affiliates and our agents and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the Site.
We shall have the right to terminate immediately your use of the Site if we determine in our sole discretion that you have breached these terms and conditions or otherwise have been engaged in conduct which we determine in our sole discretion to be unacceptable.
Should you wish to make any comments to us about the Site or if you have any questions relating to the same please do not hesitate to contact us.
11.1 If any of these terms and conditions are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.
11.2 The Site is controlled and operated in England. We do not make any representation that materials in and/or facilities or services offered through The Site are available for use in other locations, or that they comply with any legal or regulatory requirements of such other locations. You access this website at your own risk and on your own initiative and are responsible for compliance with local laws, to the extent that they are applicable.
11.3 These Terms and Conditions are governed by English law and both you and us hereby submit to the non-exclusive jurisdiction of the English courts.