Omnivend Limited (“we” or “us”) owns and operates this website, www.omnivend.net (the “Website”).
We are registered in Ireland as a limited liability company under company number 339395 and we have our registered office at Unit 10b, Cleaboy Business Park, Co. Waterford, Ireland.
Our VAT number is IEXXXXXXX.
4. Use of Website
THIS WEBSITE AND THE SERVICES PROVIDED THROUGH IT ARE FOR USE BY BUSINESS CUSTOMERS AND CONSUMERS.
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice.
We will not be liable if for any reason the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us.
5. Registered Users
By registering with the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation.
If you choose, or you are provided with, a username, user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
You are responsible for making all arrangements necessary for you to have access to the Website.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
6. Reliance on Information
Information, calculations, comparisons, results and other materials posted, provided or generated on or through the use of the Website are not intended to amount to advice on which reliance should be placed.
We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to, or registered user of, the Website, or by anyone who may be informed of any of its contents.
7. Intellectual Property and Use of Omnivend Content
We, and our licensors, retain all right, title and interest in the information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, trade marks, trade names, logos and other materials and services found on the Website, including its ‘look and feel’ (collectively, the "Omnivend Content").
You should note that Omnivend Content is protected by copyright, trade mark, database right, ‘sui generis’ rights and other intellectual property laws (as the case may be), under national laws and international treaties.
You may not make alterations, copies, extractions, modifications, or additions to the Omnivend Content, or sell, copy, disseminate or licence it, or misuse the Omnivend Content in any way.
This is without prejudice to any rights you may have under any applicable mandatory laws.
8. User Content
We do not claim any proprietary rights in the text, files, images, photos, works of authorship, or any other materials (collectively, "User Content") which you upload and/or input to the Website when using our service.
After inputting and/or uploading User Content to the Website, you continue to retain all ownership and/or license rights in such User Content, and continue to have the right to use your User Content in any way you choose.
By inputting or uploading any User Content on or through the Website, you grant us a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content as we may, in our discretion, choose to do.
The license you grant to us is non-exclusive (meaning you are free to license your User Content to anyone else in addition to us), revocable (meaning you may terminate this licence), fully-paid and royalty-free (meaning we are not required to pay you for the use on the Website of the User Content that you provide), and worldwide (because the internet and the Website are global in reach).
The license does not grant us the right to sell User Content.
However, we may use or refer to User Content provided by you in preparing reports, conducting research, in our publications and in our communications with third parties and your licence to us in this section extends to such uses by us.
You represent and warrant that: (i) you own the User Content uploaded on the Website or otherwise have the right to grant the license set forth in this section, and (ii) the inputting and/or uploading of User Content on the Website does not violate the privacy rights, publicity rights, copyright, contract rights, intellectual property rights or any other rights of any person.
You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any User Content you upload.
9. Communication at Your Own Risk
E-mail and other methods of transmitting information over the Internet are subject to interference or scrutiny by third parties and should be independently verified.
We cannot ensure security and privacy of such communications and all risk in transmitting such communications lies with you.
You agree to indemnify us, and our respective officers, agents, partners and employees against all losses, expenses, damages and costs incurred by us arising out of:
We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defences.
- your use of the Website (or any other person accessing the Website using your account), any of its services or any information accessible over or through the Website, including information obtained from third party websites;
- your submission of information or material on the Website;
- any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right).
11. Limitation of Liability
Use of the Website is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use of, viewing, access to, relying on or downloading of the Website and/or any Omnivend Content.
This Website is provided as is and we make no undertaking, representation or warranty:
To the maximum extent permitted by applicable law we and any party involved in creating, producing or delivering this Website hereby expressly excludes any liability, howsoever caused, for any direct, indirect or consequential loss or damage incurred by you, or any other person, arising out of access to, use of or inability to use this Website, or any errors or omissions in the content thereof or any websites linked to it including;
- in connection with the completeness or accuracy, reliability or timeliness of any of the Omnivend Content, and therefore, the Omnivend Content should not in any circumstances be relied upon; and/or
- that this Website or the server it is hosted on is free from defects, errors, viruses, bugs or other harmful elements.
whether caused by tort (including negligence), breach of contract or any other legal theory, even if foreseeable.
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill; and
- wasted management or office time;
The limitation on our liability does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Notwithstanding anything to the contrary contained herein and to the maximum extent permitted by law, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to €100.
2. Links to Third Party Websites
The Website may contain links to third party websites, but this does not mean that we endorse or authorise those websites, nor does it mean that we are affiliated with the third party website’s owners or sponsors.
Your use of third party websites is subject to the terms and conditions of use and other policies contained within each of those websites.
We may terminate a link to a third party website at any time.
13. Prohibited Acts
You may not use the Website in any manner which could damage, disable, overburden or impair the Website or any other party’s computer systems or hack or gain unauthorised access to this Website and the Omnivend Content or data.
[You must not use the Website to transmit to or from the Website any potentially unlawful, threatening, libellous, defamatory, tortious, obscene, offensive, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is otherwise in breach of any third party intellectual property rights.]
You may not use any automated system or software to extract data from this Website for display on any other website or to use it otherwise.
Search engines may provide links to our Website. No other websites may provide links to our Website without our prior written consent.
14. Suspension/Termination of Use
We may at any time, without notice or reason, suspend or terminate your access to the Website or any service forming part of the Website.
We are not liable to you or any third party for any suspension or termination of access to the Website.
15. Privacy Statement
16. Irish Law Applies
Ireland is the place of performance in respect of this Website.
However, this does not prevent us from instituting proceedings outside of Ireland.
Effective as at February 2014