Terms of website use

These are the terms and conditions of use for the website at http://ocsial.com (“our Website”). Please read these Terms of Website Use (the “Terms of Use”) carefully before using our Website. These Terms of Use govern your access to and use of our Website. Our Website is available for your use only on the condition that you agree to the Terms of Use set forth below. If you do not agree to all of the Terms of Use, do not access or use our Website. By accessing or using our Website, you and the entity you are authorized to represent signify your agreement to be bound by the Terms of Use.

 

  1. INFORMATION ABOUT US
    1. We are OCSiAl group of companies with OCSiAl S.á r.l. being the holding company. Please see our Contacts page for more information.
  2. SCOPE OF TERMS OF USE
    1. These Terms of Use apply to your use of our Website. By accessing our Website you agree to these Terms of Use. If you do not agree to them you should not access our Website.
  3. MODIFICATIONS
    1. We may revise and update these Terms of Use at any time. Your continued usage of our Website after any changes to these Terms of Use will mean you accept those changes. Any aspect of our Website may be changed, supplemented, deleted or updated without notice at our sole discretion. We may also change or impose fees for products sold through our Website at any time in our sole discretion.
  4. USER ELIGIBILITY
    1. Our Website is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use our Website.
  5. USE OF OUR WEBSITE
    1. You may use our Website only for lawful purposes. Unacceptable use of our Website means any use of our Website which damages or is likely to damage our reputation, the availability or integrity of our Website or which causes us or threatens to cause us to incur any legal, tax or regulatory liability. Unacceptable use of our Website includes, but is not limited to the use of our Website:
      1. in any way that breaches any applicable local, national or international law or regulation.
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
      3. for the purpose of harming or attempting to harm minors in any way.
      4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
      5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
      6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You also agree:
      1. not to reproduce, duplicate, copy or re-sell any part of our Website;
      2. not to access without authority, interfere with, damage or disrupt:
        – any part of our Website;
        – any equipment or network on which our Website is stored;
        – any software used in the provision of our Website; or
        – any equipment or network or software owned or used by any third party.
  6. INTERACTIVE SERVICES
    1. We may from time to time provide interactive services on our Website, including, without limitation:
      1. chat rooms,
      2. bulletin boards,
      3. blogs,
      4. comment pages,
      5. product reviews.
    2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
    3. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. 
    4. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
    5. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
  7. CONTENT STANDARDS
    1. These content standards apply to any and all material which you contribute to our Website (“Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
    2. Contributions must:
      1. be accurate (where they state facts);
      2. be genuinely held (where they state opinions);
      3. comply with applicable law in the UK and in any country from which they are posted.
    3. Contributions must not:
      1. contain any material which is defamatory of any person;
      2. contain any material which is obscene, offensive, hateful or inflammatory;
      3. promote sexually explicit material;
      4. promote violence;
      5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      6. infringe any copyright, database right or trade mark of any other person;
      7. be likely to deceive any person;
      8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      9. promote any illegal activity;
      10. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
      11. be likely to harass, upset, embarrass, alarm or annoy any other person;
      12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
      13. give the impression that they emanate from us, if this is not the case;
      14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  8. VIOLATION OF TERMS OF USE
    1. We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of our Website. When a breach of these Terms of Use has occurred, we may take such action as we deem appropriate.
    2. Failure to comply with these Terms of Use constitutes a material breach of these Terms of Use and may result in our taking all or any of the following actions:
      1. immediate, temporary or permanent withdrawal of your right to use our Website;
      2. immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
      3. issue of a warning to you;
      4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
      5. further legal action against you;
      6. disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
    3. We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.
  9. ORDERING SAMPLES OF PRODUCTS THROUGH OUR SITE
    1. The legal terms and conditions on which you may order samples of the products listed on our Website are established in our Terms and Conditions and the Safety Data Sheet.
  10. INTELLECTUAL PROPERTY RIGHTS
    1. Any and all intellectual property rights (“Intellectual Property”) associated with our Website and its contents (the “Content”) is owned by us, our affiliated companies, or our licensors. The Content is protected by copyright and other laws in both the United Kingdom and other countries. Elements of our Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on our Website are trademarks, service marks or trade dress (“Marks”) of us, our affiliated companies, or other entities that have granted us the right and license to use such Marks and may not be used or interfered with in any manner without our express written consent.
    2. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of our Website in any way without our prior written permission or the appropriate third party's prior written permission. Except as expressly provided herein, we do not grant to you any express or implied rights to our or any third party's Intellectual Property.
    3. We may grant you express permissions relating to use of material on our Website from time to time but except where we do so, nothing in these Terms of Use or on our Website confers any license or right to use any material on our Website without the prior written approval of the owner, whether that is us or our licensors.
  11. LINKS TO AND FROM OTHER WEBSITES
    1. Outbound Links. Our Website may contain links to third-party websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to you and not as an endorsement by us of the content on such Linked Sites. We make no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. We are not responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, you do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.
    2. Inbound Links. You are allowed to establish links to our Website only upon our prior written permission. We reserve the right to withdraw our permission at any time. Any website or other device that links to our Website or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that we or any of our affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with us or any of our affiliates, (e) presenting false information about our products or services, and (f) using any logo or mark of us or any of its affiliates without our express written permission.
  12. TERMINATION
    1. You agree that we may terminate or suspend your use of our Website and Content at any time and for any or no reason in our sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of our Website, and (b) destroy any copies you have made of any portion of the Content. Accessing our Website after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that we shall not be liable to you or any third party for any termination or suspension of your access to the Website.
  13. DISCLAIMER OF WARRANTIES
    1. OUR WEBSITE MAY CONTAIN INACCURACIES OR ERRORS THAT COULD CAUSE FAILURES OR LOSS OF YOUR DATA. USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WE DO NOT PROMISE THAT OUR WEBSITE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF OUR WEBSITE WILL BE TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. OUR WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR WEBSITE AND THE CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALL INFORMATION PROVIDED ON OUR WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT WARRANT THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM OUR WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH OUR WEBSITE WILL NOT BE LOST, CORRUPTED OR DAMAGED. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF OUR WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH OUR WEBSITE OR ANY CONTENT IS TO STOP USING OUR WEBSITE OR ANY SUCH CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE. SHOULD OUR WEBSITE OR THE CONTENT PROVE DEFECTIVE, WE SHALL NOT HAVE ANY OBLIGATION TO PROVIDE SERVICING, REPAIR, CORRECTION AND YOU SHALL ASSUME THE ENTIRE COST OF SUCH SERVICING, REPAIR OR CORRECTION.
    2. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, defect, interruption, deletion, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
  14. LIMITATION OF LIABILITY
    1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE, YOUR USE OR INABILITY TO USE OUR WEBSITE, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. WE DISCLAIM ALL LIABILITY WITH RESPECT TO OUR CESSATION TO MAKE OUR WEBSITE AVAILABLE TO YOU WHEN SUCH CESSATION RESULTS FROM THE SERVER SHUTDOWN EITHER ACCIDENTAL OR INTENTIONAL.
    3. Some jurisdictions do not allow the limitation of liability. In such jurisdictions, our liability to you for any damage or loss which arises out of or is in any way connected with your use of our Website or any Content is limited to the greatest extent permitted by law, or $50, whichever is less.
    4. Nothing in these Terms of Use limit or exclude our liability for death or personal injury caused by our negligence, fraud, or any other liability which cannot be excluded or limited by law.
    5. To the extent permitted by law, you agree to indemnify and hold harmless, and upon our request, defend, us, our directors, shareholders, officers, employees, independent contractors and agents (each an “Our Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys fees and court costs, incurred by Our Indemnified Party due to or arising from or in connection with your use of our Website.
  15. MISCELLANEOUS
    1. If a court or other competent authority rules that any provision of these Terms of Use is void or unenforceable in whole or part, the other provisions and the remainder of the void or unenforceable provision shall remain valid.
    2. These Terms of Use shall be governed by and construed in all respects in accordance with English law. We and you agree that the English courts shall have exclusive jurisdiction to settle any claims or proceedings relating to these terms or their subject matter.
    3. These Terms of Use constitute the entire agreement between you and us with regard to your use of our Website, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.