Oatopia Ltd (“Oatopia”, “we” or “us”) provides access to the www.oatopia.co.uk web site (“the Site”) under the following Terms and conditions. Please read the Terms carefully before using the Site.
1. The Site is operated by Oatopia Ltd, a company registered in England and Wales. Our registered office address is 20 Tongdean Avenue, Hove, BN3 6TL with company registration number 09019691
3. The Site lists our services and products available to purchase.
4. Separate terms and conditions may apply to your purchase of the items purchased through the Web Site.
5. We also provide an advertising service for franchises of Oatopia
8. All copyright, database rights, trademarks and design rights in our site and in the content published on it belong to us or our advertisers.
9. You understand that you, and not we, are responsible for all electronic communications sent from your computer to us and you must use the Site for lawful purposes only.
You shall not use the Site for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Site in a way that may cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
You must not misuse the Site (including, without limitation, by hacking).
Note that 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 Materials in breach of this section.
You are prohibited from posting, linking to, or transmitting to or from this Site any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of copyright or any other intellectual property right, in breach of privacy, which may cause annoyance or inconvenience or which may reasonably be considered incitement to violence;
for which you have not obtained any necessary approvals;
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
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).
This does not, of course, affect any other rights that you may have (including the right of termination detailed below);
You must not systematically extract and/or re-utilise parts of the Content of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Site, without our express consent. You also may not create and/or publish your own database that features substantial parts of the Site without our express written consent.
10. When you visit the Site or send e-mails to us, advertisers or other users of the site, you are communicating electronically. You will always be given the option to unsubscribe from promotional e-mails. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. We will use every reasonable effort to ensure the uninterrupted availability of the Site and that transmissions will be error-free. Due to the nature of the Internet, this cannot be guaranteed. The Site is subject to constant change and we reserve the right to suspended or restrict access to any part of the Site, or to the whole Site, without notice, for repair, maintenance, updates or service additions. You agree that we shall not be liable to you or any third party for any modification to the Site, and any failure, suspension or withdrawal of all or part of the Site.
12. We are not responsible for the availability of any external sites or resources. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy policies or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other Materials (as defined below) or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
13. You agree not to attempt any unauthorised access to any part or component of the Site, and you agree that in the event that you have any right, claim or action against any Site users arising out of that user’s use of the Site, then you will pursue such right, claim or action independently of and without recourse to us.
14. If you decide to register with us, in doing so you agree:
to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration process;
to maintain and promptly update the information to keep it true, accurate, current and complete; and
not to divulge your account password and that you will be responsible for any misuse of your password, whether by you or any third party.
We may accept or reject your registration at our sole discretion. If we accept your registration, we will issue you with an account, password and username, which you must keep secure. You may then access the Site using your password and username and contact other users and give reviews concerning properties you have stayed in.
You are responsible for maintaining the confidentiality of your email address, user ID, password or account. You agree to: (i) immediately notify us of any unauthorised use of your email address, password, user ID or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
15. All software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and any other element of the Site (collectively “Content”), including but not limited to the layout, election, organization, and co-ordination of such Content on the Site is the property of or is licensed to Oatopia, and is protected by trademark, copyright, and other intellectual property rights laws.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all Materials or Content supplied as part of the Site shall remain at all times vested in us or our Licensors. You are permitted to use Materials and Content only as expressly authorised by us.
16. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Site, or the use by any other person accessing the Site using your computer or internet access account.
17. Neither Oatopia nor any of its directors, employees or other representatives will be liable for any loss or damage of whatever nature (direct, indirect, consequential or other) which may arise as a result, directly or indirectly, from the use of any of the information or material contained in this Website and/or use of or access to any other information or material via web links from this site or any inability to access or use this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, loss of data, income or profit, loss or damage to property and claims from third parties. Not withstanding the foregoing, none of the exclusions and limitations in are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Oatopia liability to you for death or personal injury resulting from our negligence or that of our employees or agents. If any of these exclusions, in whole or part, is found to be unlawful, void or for any other reason unenforceable, that exclusion or part of the exclusion shall be deemed removeable, and shall not affect the validity or enforceability of the other exclusion(s) or part(s) of the exclusion(s) in question. We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including without limitation strikes, lock-outs, and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
18. We make no representations or warranties of any kind with respect to the site, its contents or as to the services offered by us, or on our behalf, or any information relating to such services and we disclaim all such representations and warranties. In addition we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published in this site. The information in this site may contain technical inaccuracies or typographical errors. All liability of Oatopia howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
20. These Terms shall be exclusively governed by, and construed in accordance with, the laws of England and Wales whose courts will have exclusive jurisdiction in any dispute, save that, to enable us to protect our interests and the interests of our Licensors, we have the right, at our sole discretion, to commence and pursue proceedings in other jurisdictions.