Last updated: 08-Jun-2022

Optial UK Limited's Services

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE, PLATFORM, SOFTWARE AND/OR OTHER SERVICES

What's in these terms?

These terms tell you the rules for using our website www.optial.com, platform, software and other services (“Services”).

Who we are and how to contact us

www.optial.com is a site operated by Optial UK Limited ("We"). We are registered in England and Wales under company number 04016697 and have our registered office at 1 Red Place, London, W1K 6PL.

We are a limited company.

To contact us, please call +44 207 247 7673.

By using the Services you accept these terms

By using the Services, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use the Services.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of the Services:

  • Our Privacy Policy https://www.optial.com/privacy.  See further under How we may use your personal information.

  • Our Acceptable Use Policy [INSERT AS LINK TO ACCEPTABLE USE POLICY], which sets out the permitted uses and prohibited uses of the Services. When using the Services, you must comply with this Acceptable Use Policy.

  • Our Cookie Policy https://www.optial.com/privacy, which sets out information about the cookies on the Services.

  • The legally binding agreement between you and us which sets out the terms and conditions relating to the provision of our platform, software and/or other services to you (“Agreement”).

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use the Services, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to the Services

We may update and change the Services from time to time to reflect changes to the Services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw the Services

Our website is made available free of charge but there is a charge to use our platform, software and other services which will be agreed with you and set out in the Agreement.  

We do not guarantee that the Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at +44 207 247 7673.

How you may use material on the Services

We are the owner or the licensee of all intellectual property rights in the Services, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website. The Agreement sets out the terms of use and any limitations in respect of any other Services we have agreed to provide you.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Services must always be acknowledged.

You must not use any part of the content on the Services for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Services in breach of these terms of use or the Agreement, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on our website

The content on the 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 the website.

Although we make reasonable efforts to update the information on the website, we make no representations, warranties or guarantees, whether express or implied, that the content on the website is accurate, complete or up to date.

We are not responsible for websites we link to

Where the Services contain links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources.

User-generated content is not approved by us

The Services may include information and materials uploaded by other users of the Services. This information and these materials have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on +44 207 247 7673.

Our responsibility for loss or damage suffered by you

  • 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 or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

  • Different limitations and exclusions of liability will apply to liability arising as a result of the nature of the Services provided to you, which will be set out in the Agreement.

  • We exclude all implied conditions, warranties, representations or other terms that may apply to the Services or any content on it.

  • Otherwise than as set out in the Agreement, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    • use of, or inability to use, the Services; or

    • use of or reliance on any content displayed on the Services.

    • In particular, we will not be liable for:

    • loss of profits, sales, business, or revenue;

    • business interruption;

    • loss of anticipated savings;

    • loss of business opportunity, goodwill or reputation; or

    • any indirect or consequential loss or damage.

How we may use your personal information

We will only use your personal information as set out in our https://www.optial.com/privacy.

Uploading content to the Services

Whenever you make use of a feature that allows you to upload content to the Services, or to make contact with other users of the Services, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to public areas of the Services 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 limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Services constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on the Services if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

Rights you are giving us to use material you upload

When you upload or post content to the Services, you grant a licence to us to use that content for the purpose of enabling us to provide the Services as set out in the Agreement.

We are not responsible for viruses and you must not introduce them

We do not guarantee that the Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Services. You should use your own virus protection software.

You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-the services attack or a distributed denial-of the services attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.

Rules about linking to the Services

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Services in any website that is not owned by you.

The Services must not be framed on any other website, nor may you create a link to any part of the Services other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on the Services other than that set out above, please contact +44 207 247 7673.

Which country's laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.