OPTEX – WEBSITE TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Who we are and how to contact us
The website https://www.optex-europe.com and all of its associated websites and pages (“site”) is a site operated by OPTEX (EUROPE) LIMITED (UK office), a company incorporated in England and Wales and registered at Companies House under Number: 2606640, with VAT Number GB538170836. Our registered office is at: Unit 13 Cordwallis Park, Clivemont Road, Maidenhead, Berkshire, SL6 7BU, United Kingdom.
Unless expressly stated, any reference to "OPTEX" or “We”, “us” or “our” in these terms and in any documents referred to herein via hyperlinks, refers to all entities within the OPTEX group that are located within the EMEA (Europe/Middle East/Africa) region: Optex (Europe) Limited, Optex Security B.V.,OPTEX Security SAS (France) and OPTEX Security Sp. zo.o. (Poland), and OPTEX Technologies B.V.
The entity responsible for the administration of the site (the director of publication is: OPTEX (EUROPE) LIMITED. The website is hosted by: Linode LLC, with registered offices at 249 Arch St. Philadelphia, PA 19106 (+1 855-454-6633), in its data centers located in London, England (UK).
To contact us, please email marketing@optex-europe.com.
By using our site you accept these terms
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our site:
- Our Privacy and Cookies Policy https://www.optex-europe.com/privacy-policy. See further under How we may use your personal information below.
- The License Agreement applicable to the download and use of any Software. See further under Use of software or downloads available on the site.
- If you purchase goods or services from OPTEX, separate terms and conditions of supply will apply to the sales.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on [DATE].
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.
We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, including any Software and trade marks. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the content or materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Our trade marks are registered
OPTEX is the owner of trade marks which are the subject of an International Registration, a registration with the EUIPO and a registration with the UKIPO, including but not limited to the “OPTEX” word and figurative trade marks. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site above.
Image rights
OPTEX acknowledges the importance of securing image rights and protecting individual privacy. Therefore, OPTEX uses all reasonable endeavors to procure the necessary image rights of identifiable individuals contained in any content featured on the site. All such rights are reserved.
OPTEX is not responsible for, and expressly disclaims all liability for, any use, reproduction, alteration, or exploitation of images by any third party not authorized by OPTEX.
If you are an identifiable individual in any of the content on the site and you believe that your privacy rights and/or image rights have been infringed, please contact OPTEX at the details provided above. Upon receiving your notification, OPTEX will consider whether it is appropriate to remove or disable access to the content claimed to be infringing.
This clause does not affect any legal rights you may have under applicable law, and nothing in this clause is intended to limit or exclude any legal responsibility OPTEX may have if it is found to have breached any of these obligations.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services or Software provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790) or equivalent legislation in the jurisdiction where you reside, access and/or use the site.
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
How to complain about or report content
If you become aware of any material that is illegal or if you wish to complain about any other content, please contact us on the details set out above.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
- OPTEX provides the site and its contents on an "as is" and "as available" basis without any representations or warranties of any kind, either express or implied.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation or in respect of users in the Netherlands only, damages caused by intent or gross negligence of Optex Security B.V and Optex Technologies B.V management.
- Some countries do not authorise the exclusion of implied warranties or limitations on liability or statutory rights applicable to consumers. Therefore, these terms and conditions are without prejudice to any consumer protection rights under local laws of the jurisdiction where you are usually resident and any incompatible provisions in these terms and conditions will be deemed unwritten.
- If defective Software that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation up to the total amount of the repair, as reasonably determined by us. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- Different limitations and exclusions of liability may apply to liability arising as a result of: (a) the supply of any products to you, which will be set out in our terms and conditions of supply applicable to the sale; and (b) your download of any Software, which will be set out in our terms and conditions of the applicable Licence Agreement.
- As regards this site and these terms, OPTEX’s liability to you is excluded to the maximum amount permitted under applicable law, and where this cannot be zero, to the total aggregate amount for all claims, OPTEX’s liability shall not exceed £100.00. This clause is not intended to limit any rights you may have as a consumer under statutory rights that may not be contractually altered or waived.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- 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:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
OPTEX does not represent or warrant that the content on the site is accurate, complete, reliable, current, or error-free. OPTEX shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the use of the site or the content contained herein. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
We will only use your personal information as set out in our Privacy and Cookies Policy - https://www.optex-europe.com/privacy-policy.
Uploading to our site
Any content you upload to our site (such as via our contact form) will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you hereby grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
If you wish to contact us in relation to content you have uploaded to our site, please use the details above.
You are solely responsible for securing and backing up your content.
You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
We will suspend your access to our site if you frequently upload illegal content
If you frequently upload material that is clearly illegal, we may suspend your access to our site. We will warn you in advance if we plan to suspend you and the suspension will remain in force for a reasonable period of time.
Use of software or downloads available on the site
Each software or download available for download from this site ("Software") is the copyrighted work of the OPTEX and/or the respective owners. Your use of the Software is subject to the terms and conditions of the applicable Software License Agreement ("License Agreement"). By downloading or using the Software, you agree to be bound by the terms and conditions of the applicable License Agreement. It is important that you read and understand the License Agreement before downloading or using the Software.
The License Agreement sets forth the rights and restrictions governing your use of the Software, including but not limited to the permitted uses, limitations on liability, and intellectual property rights. You are required to comply with all provisions of the License Agreement, and any unauthorized use or violation of the License Agreement may result in the termination of your right to use the Software.
Please note that the License Agreement may vary depending on the specific Software you are downloading or using. It is your responsibility to review and accept the terms and conditions of the applicable License Agreement before proceeding with the download or use of the Software.
If you do not agree to the terms and conditions of the License Agreement, you must not download or use the Software.
Export and re-export rules
Our Software may be subject to export and re-export control laws and regulations. By using our Software, you represent and warrant that you are not located in a country or under the jurisdiction that is subject to any economic sanctions, or identified as a denied party as specified in any applicable export or re-export laws or regulations or comparable laws applicable in other jurisdictions. You agree to comply with all applicable export and re-export control laws and regulations in relation to our Software. You agree not to directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any Software (including products derived from such Software) accessed from the site to any destination, entity, or person prohibited by the laws or regulations of any relevant jurisdiction, without obtaining any required authorizations or licenses from the competent authorities as mandated by those jurisdictions.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
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, the Dutch Penal Code, Book II, Title V, Section 138ab, provisions of the French Penal Code and the Law for Confidence in the Digital Economy or any other equivalent legislation in the jurisdiction in which you reside or access and/or use our site. 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.
Rules about linking to our site
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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.
If you wish to link to or make any use of content on our site other than that set out above, please contact us on the details above.
Dispute resolution
If you have any queries, questions, or concerns about our site or these terms, we encourage you to contact us using the details provided above in the first instance. We value your feedback and will make all reasonable efforts to address and resolve your concerns in a satisfactory and amicable manner. Your satisfaction is important to us, and we aim to provide a positive experience for all users of our site.
However, if we are unable to resolve your dispute directly, if you are a consumer user usually resident in the European Economic Area, you may also use an online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit https://webgate.ec.europa.eu/odr. All users may also refer their dispute to the applicable court as set out directly below.
Which country's laws and courts apply to any disputes?
If you are a consumer, except to the extent required by applicable law or as expressly set out in this section, these terms, your use of the site and our relationship are governed by English law. You hereby agree to submit to the and exclusive jurisdiction of the courts of England to resolve any dispute arising out of or in connection with these terms, your use of the site and our relationship. Notwithstanding the foregoing, if you are a resident in the United Kingdom or in the European Economic Area, you hereby irrevocably submit to the governing law and the non-exclusive jurisdiction of the courts of your usual place of residence.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Applicable language
If local consumer laws require the translation of these terms and the content on the site into the applicable local language, in the event of any conflict between the English version and the local language version, the local language version shall prevail. However, in all other cases where no such local language translation is required, the English version of these terms and conditions shall prevail and be binding on the parties.
May 15th, 2024 OPTEX CO., LTD.