1 Our Details
This Website (www.opento.com) is operated by opento Limited. opento Limited is registered in Scotland under company number 426174 and our registered office is located at 48 Ballater Drive, Bearsden, Glasgow, G61 1BX (opento).
2 Your Responsibilities
2.1 When you use the opento Website and are given a secure opento webpage (openspace), you are responsible for maintaining the confidentiality of your openspace webpage and your password and for restricting access to your computer to prevent unauthorised access to your openspace webpage.
2.2 You agree to accept responsibility for all activities that occur under your openspace webpage or password. You should take all necessary precautions to ensure that your password is kept confidential and secure. You should reset your password immediately if you have any reason to believe that it has become known to anyone else, or if it is being, or is likely to be, used in an unauthorised manner.
2.3 Please ensure that you provide us with correct and complete details on registration and inform us immediately of any changes to the information you provided to us on registration. You can access and update the information you provided us with in your 'Personal' webpage which is found in the drop down box below your log-in name in the top right hand side of your screen.
2.4 You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
2.5 Please be aware that you, and not opento, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
opento reserves the right to refuse access to your openspace, terminate webpages, remove content, or cancel orders at our discretion. If we cancel an order through no fault of yours, it will be without charge to you.
3 Our Products
We offer a range of products available to purchase from the Website. Purchase of the products is governed by the opento terms of business (Terms of Business).
4 Our contract
4.1 These Terms and Terms of Business apply to your purchase of the products through the Website. Before placing any order on the Website, please read these Terms and the Terms of Business carefully. We recommend that you print out a copy of these Terms and the Terms of Business for reference purposes.
4.2 To purchase a product, you will be asked firstly to confirm acceptance of the Terms of Business. You will then be invited to place your order and pay the fee. Your order and payment constitutes an offer from you to us to buy the relevant product. We will send you an e-mail to confirm that we have received and accepted your order. A contract will be formed between you and us when we send this e-mail confirmation.
4.3 The product will be delivered according to the schedule agreed with you prior to your purchase. Our commitment to each part of the fulfillment schedule is contingent on all required information having been received from you by opento within the agreed time-frames.
4.4 It is your responsibility to ensure that the information used by opento is correct. Our aim is to deliver good quality products to you and we may make quality checks with you from time to time to ensure this.
4.5 The product will be delivered in the form and format described in the Website and will be personalised for you (the openbook).
4.6 The openbook is specific to you. If you cancel your order you will be liable for the cost we have incurred in the creation of your openbook up to the point you notify us of your decision to cancel.
5.1 Except in cases of obvious error, the price of any product offered through the Website will be as quoted on the Website at the time you place your order. These prices do not include VAT or any other tax. For purchases made in the United Kingdom, VAT will be added at the prevailing rate at the time of purchase.
5.2 Payment options will be set out and explained on the Website and may change from time to time. We use a specialist third party to accept and process secure payments on our behalf. opento will never have access to your credit card information.
5.3 If you order products from the Website for delivery outside the United Kingdom, you will be responsible for paying any local duties and taxes.
6.1 While we have taken care concerning the accuracy and integrity of this Website, the Website is provided on an “as is” basis and we make no representations and accept no liability as to the quality, completeness or accuracy of any materials on the Website. You are solely responsible for all of the information that you submit to us through the Website.
6.2 You agree that the Website, including the content but not the products, is provided free of charge. opento will not be liable to you or any person for any loss or damage of any kind which may arise from the unauthorised use of the Website and the use of any information contained within it.
6.3 opento will not be liable in any way for the results of any unauthorised access to this Website or any unauthorised alteration to this Website.
7.1 When you purchase a product, we will grant to you a personal, non-exclusive, perpetual, worldwide license to use, reproduce, display and distribute the openbook in whole or in part in connection with your business. Your license will be non-exclusive and some elements of the openbook (e.g. colors, symbols, layouts and fonts) may be incorporated in openbooks that we design for other customers.
7.2 You may not:
(a) modify or alter any element of the openbook, except through the Website; or
(b) authorise any other person to use the openbook, or any element of the openbook, other than in connection with your business
You are solely responsible for the success of your own business, your use of the openbook in connection with your business and securing and protecting any intellectual property rights relevant to your business. We do not make any representations as to whether your use of the openbook will infringe any third party registered or unregistered trademarks, copyright or other intellectual property rights. It is your responsibility to ensure that, in addition to the rights licensed to you by us, you have all permissions and consents required to use the content supplied by you to us for the openbook.
9 Electronic communications
When you visit www.opento.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and 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. This condition does not affect your statutory rights.
10 Our Intellectual Property
10.1 The opento and openspace names and other content included on our Website are trademarks or registered trademarks or copyright of OpenTo Incorporated in the European Union. opento.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of opento. opento trademarks, trade dress and copyright may not (i) be used in connection with any product or service that is not by opento, (ii) in any manner that is likely to cause confusion among customers, or (iii) in any manner that disparages or discredits opento.
10.2 You may not systematically extract and/or re-utilise parts of the contents of the website without opento's 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 this Website, without opento's express written consent.
11 Site Access
11.1 We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
11.2 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
11.3 Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
11.4 You may link to the Website home page http://www.opento.com with our written permission. Permission will be granted provided you agree to link to our Website in a way that is fair and legal and does not damage our reputation or take advantage of it without our prior consent; the link will not suggest any form of association, approval or endorsement on our part where none exists; you must not establish a link from any website that is not owned by you; the Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice to you.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it will to that extent be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law.
14 Variation of Terms
We have the right to revise and amend these Terms from time to time to reflect changes to the Website, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be bound by the Terms as they exist at the time that a contract is formed in accordance with paragraph 4.
15 Governing Law
These terms of and conditions and any dispute arising out of or in connection with these terms and conditions (including, without limitation, any dispute relating to the existence, validity or termination of these terms and conditions or any contractual or non-contractual obligation) (“Dispute”) will be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales will have non-exclusive jurisdiction over any Dispute arising under or in connection with these Terms.
Last updated 1 July 2012
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