Due to high demand, delivery could take up to 7 days. Thank you for your patience.
Due to high demand, delivery could take up to 7 days. Thank you for your patience.
BACKGROUND:
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.omniprotect.co.uk (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of goods. Please refer to our Terms of Sale for more information.
1 - Definitions and Interpretation
1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account” | means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4; |
“Content” | means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; |
“User” | means a user of Our Site; |
“User Content” | means any content submitted to Our Site by Users including, but not limited to, product reviews, questions and comments; and |
“We/Us/Our” | means OmniProtect Limited, a company registered in England under company number 12661499, whose registered address is C/O Jerroms LLP, Blythe Valley Park, Blythe Gate, Solihull, B90 8AH. |
2 - Information About Us
2.1 Our Site, www.omniprotect.co.uk, is owned and operated by OmniProtect, a limited company registered in England under company number 12661499, whose registered address is is C/O Jerroms LLP, Blythe Valley Park, Blythe Gate, Solihull, B90 8AH.
3 - Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4 - Accounts
4.1 Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately at info@omniprotect.co.uk. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
5- Intellectual Property Rights
5.1 With the exception of User Content (see Clause 6),all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to sub-Clause 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
5.3 You may:
5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5.5 You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.
6 - User Content
6.1 User Content on Our Site includes (but is not necessarily limited to) product reviews, questions and comments.
6.2 An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
6.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
6.6 If you wish to remove User Content from Our Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
6.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
7 - Links to Our Site
7.1 You may not link to any page other than the homepage of Our Site, www.omniprotect.co.uk. Deep-linking to other pages requires Our express written permission. Please contact Us at info@omniprotect.co.uk for further information.
7.2 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at info@omniprotect.co.uk for further information.
7.3 You may not link to Our Site from any other site the main content of which contains material that:
8 - Links to Other Sites
8.1 Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9 - Disclaimers
9.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale for more information.
9.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
10 - Our Liability
10.1 The provisions of this Clause 10 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale.
10.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence),for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
10.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
10.4 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
10.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
10.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
10.7 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
11 - Viruses, Malware and Security
11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
11.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
11.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
12 - Acceptable Usage Policy
12.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.2 When submitting User Content (or communicating in any other way using Our Site),you must not submit, communicate or otherwise do anything that:
12.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
any other actions which We deem reasonably appropriate (and lawful).
12.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
13 - Privacy and Cookies
13.1 Use of Our Site is also governed by Our Privacy Policy. This policy is incorporated into these Terms of Use by this reference.
14 - Changes to these Terms of Use
14.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
14.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s),the provisions current and in effect shall prevail unless it is expressly stated otherwise.
15 - Contacting Us
15.1 To contact Us, please email Us at info@omniprotect.co.uk.
16 - Communications from Us
16.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
16.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 14 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
16.3 For questions or complaints about communications from Us (including, but not limited to marketing emails),please contact Us at info@omniprotect.co.uk.
17 - Data Protection
17.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
17.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable),please refer to Our Privacy Policy.
18 - Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.
18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
2 - Personal Data
2.1 While using Our Service, We may ask you to provide Us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
3 - Marketing Communications
3.1 We may use your Personal Data to contact you with newsletters, marketing or promotional materials and any other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send.
4 - Usage Data
4.1 We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address),browser type, browser version, the pages of Our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic Data.
5 - Tracking and Cookies
5.1 We use Cookies and similar tracking technologies to track the activity on Our Service and hold certain information.
5.2 Cookies are files with small amount of Data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyse Our Service.
5.3 You can instruct your browser to refuse all Cookies or to indicate when a cookie is being sent. However, if you do not choose accept Cookies, you may be unable to use all elements of Our Service.
5.4 Examples of Cookies We use include, but are not limited to:
6 - Use of Data
6.1 We may use Data collected for various purposes which include, but are not limited to:
7 - Retention of Data
7.1 We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with Our legal obligations (for example, if We are required to retain your Data to comply with applicable laws),resolve disputes, and enforce Our legal agreements and policies.
7.2 We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this Data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this Data for longer time periods.
8 - Transfer of Data
8.1 Your information, including Personal Data, may be transferred to and maintained on computers located outside of your town, City, region or other governmental jurisdiction where the Data protection laws may differ than those from your jurisdiction.
8.2 If you are located outside the United Kingdom and choose to provide information to Us, please note that We transfer the Data, including Personal Data, to the United Kingdom and process it there.
8.3 Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
8.4 We will take all steps reasonably necessary to ensure that your Data is treated securely and in accordance with this Privacy Policy and that no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place which include ensuring the security of your Data and other personal information.
9 - Disclosure of Data
9.1 We may disclose your Personal Data in the good faith belief that such action is necessary to:
10 - Security of Data
10.1 The security of your Data is important to Us. Please remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect your Personal Data, We cannot guarantee its absolute security.
11 - Your Rights
11.1 We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
11.2 Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact Us to make the required changes.
11.3 If you wish to be informed what Personal Data we hold about you and if you want it to be removed from Our systems, please contact us.
11.4 In certain circumstances, you have the right:
11.5 You have the right to Data portability for the information you provide to Us. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.
11.6 Please note that We may ask you to verify your identity before responding to such requests.
12 - Service Providers
12.1 We may employ third party companies and individuals to facilitate Our Service (“Service Providers”),to provide the Service on Our behalf, to perform Service-related services or to assist us in analysing how Our Service is used.
12.2 These third parties have access to your Personal Data only to perform these tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
13 - Analytics
13.1 We may use third-party Service Providers to monitor and analyse the use of Our Service.
14 - Remarketing
14.1 We use remarketing services to advertise on third party websites to you after you visited Our Service. We and Our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to Our Service.
15 - Payments
15.1 We use third-party services for payment processing ("Payment Processors").
15.2 We will not store or collect your payment card details. That information is provided directly to Our third-party Payment Processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
16 - Links to Other Sites
16.1 Our Service may contain links to other sites that are not operated by Us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
16.2 We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
17 - Changes to This Privacy Policy
17.1 We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if We change Our business in a way that affects personal Data protection.
17.2 Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date. This Privacy Policy was last updated on 15 June 2020.
18 - Contact Us
18.1 To contact Us about anything to do with your personal Data and Data protection, including to make a subject access request, please use the following details:
Email address: info@omniprotect.co.uk
