Terms of Use

BACKGROUND

This agreement applies as between you, the User of this Website and Oxford Technical Solutions, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

1 DEFINITIONS AND INTERPRETATION

In this Agreement the following terms shall have the following meanings:

Content any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
Oxford Technical Solutions Ltd 30 Bankside Court, Stationfields, Kidlington, Oxfordshire, OX5 1JE, UK;
Service collectively any online facilities, tools, services or information that Oxford Technical Solutions Ltd makes available through the Website either now or in the future;
Premises our place(s) of business located at 77 Heyford Park, Upper Heyford, Oxfordshire, OX25 5HD, UK & Park Farm Business Centre, Middleton Stoney, OX25 4AL, UK;
System any online communications infrastructure that Oxford Technical Solutions Ltd makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User / Users any third party that accesses the Website and is not employed by Oxford Technical Solutions Ltd.
Website the website that you are currently using (http://www.oxts.com) and any sub-domains of this site (e.g. support.oxts.com) unless expressly excluded by their own terms and conditions.

2 INTELLECTUAL PROPERTY

2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos,

icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Oxford Technical Solutions Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by copyright laws and treaties around the world and all rights are reserved.

2.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

2.3 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 our site must always be acknowledged.

You must not use any part of the content on our site 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 our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

3 THIRD PARTY INTELLECTUAL PROPERTY

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

4 LINKS TO OTHER WEBSITES

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Oxford Technical Solutions Ltd or that of our affiliates and these links are provided for your information only. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them and such links should not be interpreted as approval by us of those linked websites of information you may obtain from them.

5 LINKS TO THIS WEBSITE

5.1 Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://www.oxts.com without prior permission provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

5.2 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.

5.3 You must not establish a link to our site in any website that is not owned by you.

5.4 We reserve the right to withdraw linking permission without notice.

6 USE OF COMMUNICATIONS FACILITIES

6.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

6.1.1 You must not use obscene or vulgar language;

6.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

6.1.3 You must not submit Content that is intended to promote or incite violence;

6.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

6.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;

6.1.6 You must not impersonate other people, particularly employees and representatives of Oxford Technical Solutions Ltd or our affiliates; and

6.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

6.2 You acknowledge that Oxford Technical Solutions Ltd reserves the right to monitor any and all communications made to us or using our System.

6.3 You acknowledge that Oxford Technical Solutions Ltd may retain copies of any and all communications made to us or using our System.

6.4 You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

6.5 In order to use the enquiry form and any other communication facility that may be added in the future on this Website, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:

6.5.1 Any information you submit is accurate and truthful; and

6.5.2 You will keep this information accurate and up-to-date.

7 PRIVACY

Use of the Website is also governed by our privacy policy which can be found at http://oxts.com/about/privacy-policy/. The privacy policy is incorporated into these terms and

conditions by this reference. To view the Privacy Policy, please click on the link above. Please read the information contained in the Privacy Policy prior to acceptance.

8 COOKIES

The Website uses the cookies, full details of the cookies used by the Website and your legal rights with respect to them are included in our Cookies policy which can be found at http://www.oxts.com/about/cookie-policy/.

9 DISCLAIMERS

9.1 Oxford Technical Solutions Ltd makes no warranties or guarantees, whether express or implied, or representations that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

9.2 No part of this Website is intended to constitute advice and the Content of this Website is provided for general information only and should not be relied upon when making any decisions or taking any action of any kind. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

9.3 No part of this Website is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Website and products and / or service details are provided for information purposes only

9.4 Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from Oxford Technical Solutions Ltd correspond to the actual products and / or services, Oxford Technical Solutions Ltd is not responsible for any variations from these descriptions.

9.5 Oxford Technical Solutions Ltd does not represent or warrant that such products and / or services will be available from us or our Premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our Premises.

10 WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

10.1 We do not guarantee that our site will be secure or free from bugs or viruses.

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

10.3 You must not misuse our site 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service 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 our site will cease immediately.

11 AVAILABILITY OF THE WEBSITE AND MODIFICATIONS

11.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

11.2 Oxford Technical Solutions Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

11.3 Oxford Technical Solutions Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

12 LIMITATION OF LIABILITY

12.1 To the maximum extent permitted by law, Oxford Technical Solutions Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

12.2 Nothing in these terms and conditions excludes or restricts Oxford Technical Solutions Ltd’s liability where it would be unlawful to do so and this includes liability for death or personal injury resulting from our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

12.3 We deal only with business users and we therefore exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

12.4 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:

12.4.1 use of, or inability to use, our site; or

12.4.2 use of or reliance on any content displayed on our site.

12.4.3 In particular, we will not be liable for:

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

12.4.5 business interruption;

12.4.6 loss of anticipated savings;

12.4.7 loss of business opportunity, goodwill or reputation; or

12.4.8 any indirect or consequential loss or damage.

12.5 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

13 NO WAIVER

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

14 PREVIOUS TERMS AND CONDITIONS

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

15 THIRD PARTY RIGHTS

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Oxford Technical Solutions Ltd.

16 COMMUNICATIONS

16.1 All notices / communications shall be sent to us either by post to our Premises (see addresses above) or by email to info@oxts.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

16.2 Oxford Technical Solutions Ltd may from time to time send you information about our products and/or services. If you do not wish to receive such information, to unsubscribe from the email, on all OxTS promotional/newsletter emails there is an unsubscribe button.

17 LAW AND JURISDICTION

These terms and conditions and the relationship between you and Oxford Technical Solutions Ltd shall be governed by and construed in accordance with the Law of England and Wales and Oxford Technical Solutions Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.