Legal

WELCOME

The following terms and conditions govern all use of www.occumi.co.uk (the “Website“) and Application (the Service). The​ Service is​ owned and managed​​ by Occumi Ltd (Co. No: 10921919) (“we“, “us” and “our“) and is offered ​subject​ ​to​ ​your​ ​acceptance​ ​of​ all​ of​ the​ ​terms​ ​and​ ​conditions​ ​contained​ ​herein​ and as modified from time to time ​and​ ​all​ ​other​ ​operating​ ​rules,​ ​policies​ ​ ​and​ ​procedures​ that ​​may​ ​be published throughout​ ​this​ ​Website​ ​by​ ​us.

ACCOUNT REGISTRATION AND RESPONSIBILITIES OF ACCOUNT HOLDERS

Access to certain areas of the Service require registration by creating an account with us. You agree to take responsibility for the confidentiality of your password and other account identifiers which you choose, and for all activities that occur under your account.

By registering with the Occumi Service, you agree that:

  1. you will ensure that any details provided by you upon account registration or at any time are correct and complete; and
  2. you are of age 16 or over.

You will not create an account or use the website:

  1.  for the purpose of abusing the functionality of the Service or other users;
  2. to pass yourself off as another user;
  3. to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these terms; and
  4. to access without authority, interfere with, damage or disrupt:
    1. any part of our Website;
    2. any equipment or network on which our Website is stored;
    3. any software used in the provision of our Website; or
    4. any equipment or network or software owned or used by any third party.

We​ ​may​ ​suspend or​ terminate your​​ account​ with​ immediate​ ​effect for any reasonable​ purpose​ ​and at our sole discretion or​ ​if​ ​you ​breach ​these​ terms​ ​and​ ​conditions.

You​ ​may​ ​cancel​ ​your​ ​registration​ ​at​ ​any​ ​time​ ​by​ ​informing​ ​us​ in​ ​​writing​ ​via ​email​ ​to Joe.Shepherd@Occumi.com or Josh.Clarke@Occumi.com.​ ​ Cancellation​ or​ suspension​ of​ your​​ registration does​ ​not affect​ your​ statutory​ rights.​

Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use or available in other locations.

PROHIBITED USE

You​ ​may​ ​use​ ​our​ ​site​ ​only​ ​for​ ​lawful​ ​purposes.​ ​You​ ​may​ ​not​ ​use​ ​our​ ​site:

  • to ​ create​ an​ account​ to​​ upload​ content​ that​ ​contains software​ viruses,​ computer code,​ files​ or​ any​ other​ programs​ ​ designed​ to​ interrupt, ​limit ​or destroy the​ ​operation​ of​ the​ Service;​
  • todo​ ​anything​ ​that​ ​could​ ​interrupt,​ ​limit​ ​or disrupt​ the​ operation​ of the Service,​ ​such​ ​as​ ​a​ ​denial​ ​of​ ​service​ ​attack​ ​or​ ​interference​ ​with​ ​Service​ ​functionality;
  • in​ ​any​ ​way that​ breaches​​ ​any ​applicable​ local,​​ ​national ​​or​ ​international​ ​law​ or​ regulation;
  • in​ ​any​ ​way​ ​that​ is​​ ​unlawful​ ​or​ ​fraudulent,​ or​ ​​has​ ​any​ ​unlawful​ ​or​ ​fraudulent​ purpose​ ​ ​or effect;
  • for​ ​the​ ​purpose​ ​of​ ​harming​ ​or​ ​attempting ​to​​ ​harm​ ​minors​ ​in​ ​any​ ​way;
  • to​ ​send,​ ​knowingly​ ​receive,​ ​upload,​ ​download,​ ​use ​or​​ ​reuse​ ​any​ ​material​ ​which​ ​does not​ ​comply​ ​with​ ​our​ ​content ​standards​ below;​
  • to​ ​transmit,​ ​or​ ​procure​ the​ ​sending​ of,​ any​ unsolicited​ or​ unauthorised advertising​ or promotional​ ​material​ ​or​ ​any ​ ​other​ ​form ​​of similar​ solicitation​ ​(spam); or
  • to ​ knowingly​ ​ transmit​ any​ data, ​send or​ ​upload ​ any material​ ​that​ ​contains​ viruses, Trojan ​ horses,​ worms,​ time-bombs,​ keystroke​ loggers,​ spyware,​ ​​adware or any​ other harmful​ ​programs​ or​ similar​ computer​ code​ ​designed ​ to​ ​adversely​ affect​​ the​ operation of​ any​ computer​ software​ or​

Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store and copy that content and to distribute and make it available to third parties.

UPTIME AND AVAILABILITY OF THE SERVICE

  1. The​ ​​Service​ ​is​ ​made ​ available “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​ law, ​we​ ​provide​ ​no ​warranties​​ ​of​ ​fitness​ ​for​ ​any​ ​particular purpose. ​Occumi​ is​ ​under​​ no​ ​​obligation​ ​to​ ​update​ ​information ​on​ the​ ​Service.
  2. Whilst Occumi takes reasonable endeavours ​to​ ​ensure ​that​ ​​the Service is secure​ ​​and free of errors, viruses and​ other ​malware, we give no ​warranty ​in ​​that ​regard.
  3. ​You should ​take responsibility for your own​ ​security,​ ​​your​ ​personal​ ​details​ ​and ​​your computers.
  4. Occumi​ ​accepts​ ​no​ ​liability​ ​for​ ​any​ disruption​ ​​or​ ​non-availability​ ​of​ ​the​ ​Service.
  5. Occumi​ ​reserves​ ​the​ ​right​ ​to​ ​alter,​ ​suspend​ ​or ​discontinue​​ ​any​ ​part​ ​(or​ ​the​ whole​​ ​of) the Service. These terms and ​conditions will continue ​to ​apply to any modified version​ of​ ​the​ ​Service​ ​unless​ ​expressly​ ​stated​ ​otherwise.

DISCLAIMER AND LIMITATIONS OF LIABILITY

  1. We will not be liable to you in respect of any losses arising out of events beyond our control.
  2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.
  3. To the maximum extent permitted by law, Occumi accepts no liability for any of the following;
    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business contracts or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any special / indirect or consequential loss or damage.
    4. any liability we may take in response to breaches of these terms and conditions and we may take any other action we deem appropriate.

USE OF YOUR DATA

Occumi reserves full rights to share information from the System with selected partners from time to time. By accessing the System you agree that Occumi can:

  1. collect and use content and information you upload to the System to:
    1. improve and develop the Website and services;
    2. communicate with you;
    3. carry out research; and
  2. share content and information with selected Partners from time to time

For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Occumi Ltd of Ground Floor, Southway House, 29 Southway, Colchester, Essex CO2 7BA.

We will collect and process the following data about you:

  • Information you give us. This is information about you that you give us by filling in forms on our Website or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our Website, subscribe to our service, and when you report a problem with our Website. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, and personal description.
  • Information we receive from other sources. We are working closely with third parties (including, for example, business partners, advertising networks, analytics providers and search information providers)

We will use this information:

  • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us;
  • to provide you with information about other services we offer that are similar to those that you have already purchased or enquired about;
  • to provide you, or permit selected third parties to provide you, with information about services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about services similar to those provided to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data; and
  • to notify you about changes to our service.

Information we collect about you. We will use this information:

  • to administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • as part of our efforts to keep our Website safe and secure;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
  • to make suggestions and recommendations to you and other users of our Website about services that may interest you or them.

Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

You agree that we have the right to share your personal information with:

  • Selected third parties including:
    • advertisers and advertising networks that require the data to select and serve relevant adverts to you and others; and
    • analytics and search engine providers that assist us in the improvement and optimisation of our Website;
  • in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
  • if Occumi Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; or
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and conditions.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Your rights

You have the right to ask us not to process your personal data for marketing purposes at any time by contacting us at Joe.Shepherd@Occumi.com or Josh.Clarke@Occumi.com.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

GENERAL

  1. This​ agreement shall​ be​ governed​ by​ and​ interpreted​ according​ ​to ​the law​ of​ ​ England and​ ​Wales ​​and​ ​all​ disputes​ ​arising​ under​​ ​the​ ​Agreement​ ​(including​ ​non-contractual disputes​ ​or​ ​claims)​ ​shall​ ​be​ ​subject​ ​to​ ​the​ ​exclusive​ ​jurisdiction​ ​of​ ​the​ ​English​ ​and Welsh
  2. We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  3. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
  4. If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  5. The content on our Website 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 Website.
  6. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Website is accurate, complete or up to date.
  7. This​ material includes, ​but​ is​ not​ limited​ ​to, ​the​ design,​ layout,​​ ​look,​ ​appearance​ and​ ​​ Reproduction​ ​is​ ​prohibited​ ​other​ ​than​ ​in​ ​accordance with​ ​the​ ​copyright​ ​notice,​which forms ​part​ of​ these​ terms​ ​and conditions.​
  8. From​ ​time ​to​ time​ this​ website​ may​ also​ include​ links​ ​to other​ websites. These​ links are​ ​provided​ ​for ​ your convenience​ to​​ provide​ further​ information.​ ​They do​​ not​ signify that​ ​we​ ​endorse​ ​the website(s).​ ​We have​ no​ responsibility or control​ for​ ​the ​content of​ the linked​ ​website(s).