Welcome to these website terms and conditions which are posted by Optimumcut Software (“We”, “Our” or “Us”). These terms and conditions apply to the use of this website at www.optimumcut.com. By accessing this website and/or placing an order, you, the website visitor (“You” or “Your”) agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
The www.optimumcut.com website is operated by: Optimumcut
Our contact details are as follows:
PO Box 1420
Email : General Information
Tel: +44 1793 238119 (General Enquiries – Auto Attendant)
Fax: +44 1793 238064 (General Enquiries)
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 You agree to provide us with accurate information when registering. We reserve the right to refuse you access if information is inaccurate.
1.3 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. Ordering from us
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement with details of your order.
2.2 We will also accept alternative forms of payment, i.e. by Cheque, Bank transfer; however, these will prolong the process of registration.
2.3 Our acceptance of an order takes place at the point of registration. Registration occurs automatically and on confirmation of valid payment and at this time we will send you confirmation of registration details by email. When your registration is confirmed the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.4 We may refuse to accept an order:
(a) where we cannot obtain authorisation for your payment;
(b) if there has been a pricing or product description error; or
(c) if you do not meet any eligibility criteria set out in our terms and conditions.
2.5 We aim to deliver registration at the point the payment is made subject to 2.3 & 2.4 above.
3.1 Our prices are reviewed periodically and the next review will be on 01/01/2014.
3.2 Prices are based on sterling and exchange rates and associated costs with US dollars & Euros will be reviewed on a regular basis with prices updated accordingly.
4. Cancellation Policy
4.1 If you wish to cancel your order:
(a) you can notify us by email at General Information before registration is confirmed to you
(b) where registrations have already been confirmed to you, by writing to us in accordance with clause
4.2 After confirming your cancellation, your subscription will remain active until the end of your current subscription period. After this date your subscription will end, and you will not be billed again
The above does not affect your Statutory Rights.
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or
included in any public or private electronic retrieval system or service without our prior written permission.
5.4 You are not permitted to tamper with, change or alter the Optimumcut Software disclaimer line which is placed on all Optimumcut Reports.
5.5 Any rights not expressly granted in these terms are reserved.
6. Service Access
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. Visitor Material & Conduct
7.1 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise is contrary to the law of or infringes the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.2 You may not misuse the Website (including, without limitation, by hacking).
7.3 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.1 or 7.2.
8. Links to and from other websites
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Optimumcut logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Optimumcut trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9.1 To register with www.optimumcut.com you must be over eighteen years of age.
9.2 Each registration is for a single organisation only. We do not permit you to share your user name and password with any other organisation or person outside your organisation.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
9.5 You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID, whether by you or by anyone else using your account & password.
10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12. Governing Law & Jurisdiction
12.1 These terms and conditions shall be governed by and construed in accordance with UK law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the UK courts. We both agree that a Court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair pursuant to some statutory provision and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
13.4 These terms and conditions constitute the whole agreement and understanding between us and you or your organisation in relation to your use of this website and supersede any previous written or oral agreement between you or your organisation and is with respect to this website.
14. Data Protection
We reserve the right to put the names and other information from the order or electronic registration form into a computerised directory for internal purposes only.
If you need to give notice for any reason, you must do so by electronic mail for the attention of General Information . Please note that any notice you give to us will only be considered effective from the day on which we acknowledge it.
We hope that we have anticipated any difficulties or questions that you may have. However if at any time you have a grievance please contact us as soon as possible. We cannot deal with a problem if we do not know about it. You must do so by electronic mail for the attention of General Information.
17. Amendment to Service without Notification
You fully agree and accept that Optimumcut reserve the right to alter the software product fees or subscription fees that you are currently paying.