Terms of use
Welcome to the website of Octempo Receivables Management Ltd. (hereafter referred to as Octempo:RM).
Use of this website, and information distributed in
conjunction with this website is offered to you on your acceptance of these
Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website or of any
content presented in any and all areas of the website indicates your
acknowledgment and agreement to these Terms of Use, our Privacy Policy and other
notices posted on this website. If
you do not agree to be bound by and comply with all of the foregoing, you may
not access or use our calculator, services, or website. We suggest you print a copy of each
of these documents for your records.
Octempo:RM shall have the right, at its sole discretion, to
modify, add or remove any terms or conditions of these Terms of Use without
notice or liability to you. Any
changes to these Terms of Use shall be effectively immediately following the
posting of such changes on this website.
The most recent version of these Terms of Use may always be found at
http://www.Octempo.com/legalnotice.aspx.
You agree to review these Terms of Use from time to time and agree that
any subsequent use by you of this website following changes to these Terms of
Use shall constitute your acceptance of all such changes. These Terms of Use were last modified
on Dec 31st, 2007.
Disclaimer
This website is for informational purposes only and is not intended to provide
specific commercial, financial, investment, accounting, tax, or legal advice. It is provided to you solely for your
own personal, non-commercial use and not for purposes of resale, distribution,
public display or performance, or any other uses by you in any form or manner
whatsoever. Unless otherwise
indicated on this website, you may display, download, archive, and print a
single copy of any information on this website, or otherwise distributed from
Octempo:RM, for such personal, non-commercial use, provided it is done
pursuant to the User Conduct and Obligations set forth herein.
The performance of this website and all information contained
on, downloaded or accessed from this website are provided to you on an "as is"
basis, without warranties of any kind whatsoever, including any implied
warranties or warranties of merchantability, fitness for a particular purpose or
non-infringement of the rights of third parties.
Octempo:RM shall be not responsible for any problems or technical
malfunction of any telephone network or lines, computer on-line systems,
servers, Internet access providers, computer equipment, software, or any
combination thereof including any injury or damage to your or any other person's
computer as a result of using this website.
Octempo:RM reserves the right, at its sole discretion, to
modify, disable access to or discontinue, temporarily or permanently, any part
or all of this website or any information contained thereon without liability or
notice to you.
As a visitor to our website, you acknowledge and agree that
any reliance on or use by you of any information available on this website shall
be entirely at your own risk. In no
event shall Octempo:RM nor any of its data providers be liable for any direct,
indirect, consequential or exemplary damages arising from the use or the
performance of this website, even if Octempo:RM or such provider has been
advised of the possibility of such damages.
The transmission of data or information (including
communications by e-mail) over the Internet or other publicly accessible
networks is not secure, and is subject to possible loss, interception or
alteration while in transit.
Accordingly, we do not assume any liability for any damage you may experience or
costs you may incur as a result of any transmissions over the Internet or other
publicly accessible networks, such as transmissions involving the exchange of
e-mail with us (including those which may contain your personal information). While we shall take commercially
reasonable efforts to safeguard the privacy of the information you provide us
and treat such information in accordance with our Privacy Policy, in no event
will the information you provide to us be deemed to be confidential, create any
fiduciary obligations to you on our part, or result in any liability to you on
our part in the event that such information is inadvertently released by us or
accessed by third parties without our consent.
You agree to follow all applicable laws and regulations when
using this website. Furthermore, you
agree that you shall not:
-
upload, post or otherwise transmit through or to this
website any content that:
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is unlawful, abusive, threatening, harmful, obscene, lewd,
offensive, defamatory or otherwise objectionable;
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might infringe the intellectual property rights, privacy rights, rights of
publicity, or other proprietary rights of others;
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contains any viruses, trojan horses, time bombs, or any other harmful programs or
elements;
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disrupt, place unreasonable burdens or excessive loads on,
interfere with or attempt to gain unauthorised access to any portion of our
website, its computer systems, servers or networks;
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provide false information about yourself to us, impersonate
any other person, or otherwise attempt to mislead others about your identity or
the origin of any content, message or other communication;
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transmit junk mail, chain letters, or other unsolicited bulk
e-mail or duplicative messages;
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collect information about other visitors to our website
without their consent or otherwise systematically extract data or data fields,
including without limitation any financial data or e-mail addresses;
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sell access to or the use of this website, including any
content contained on, downloaded or accessed from this website, except as
specifically permitted in writing by Octempo:RM;
-
redistribute any content, including financial data, provided
by us in any manner whatsoever including by means of printed publication, fax
broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic
or paper-based service or method without permission
from Octempo:RM;
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intentionally alter the format in which financial data is
provided by us or otherwise circumvent our regular interfaces to such data; and
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embed or import any financial data provided by us into any
information services (whether or not web-based), data files or application
software, including without limitation accounting and payroll systems, except as
except as specifically permitted in writing by Octempo:RM.
The foregoing prohibitions expressly include, but are not limited to,
the practice of "screen scraping", or any other practice or activity the purpose
of which is to obtain lists of data, portions of a database, or other lists or
information from the web site, in any manner or in any quantities not authorised
in writing by Octempo:RM.
You agree to indemnify, defend and hold us and our affiliates,
business partners, officers, directors, employees and agents harmless from any
loss, liability, claim, demand, damage, or expense (including reasonable legal
fees) asserted by any third party relating in any way to your use of this
website or breach of these Terms of Use.
We reserve the right to assume the exclusive defence and control of any
matter subject to indemnification by you, which shall not excuse your indemnity
obligations.
You acknowledge and agree that your business dealings with any third
parties, including any merchants or advertisers, found on, or accessed through
our website and any of their services, including payment for and delivery of any
related goods and services, are solely as between you and such third parties. You understand and acknowledge that
some of services accessible on our website are provided by third parties and that in certain instances, we may receive
referral fees and/or other compensation from third parties on a per use or other
basis based on your purchase or use of third party goods or services found on or
accessed through our website. You
acknowledge that in such dealings with third parties, we are not the seller or
provider and your agreement of purchase or for services with such third party is
solely between you and the third party, and not Octempo:RM. Octempo:RM assumes no
responsibility whatsoever for any charges, losses or liabilities you or any user
of your account incurs when making purchases or completing transactions with
such third parties. As a user of our
website, you acknowledge and agree that we shall not be responsible or liable in
any way for any loss or damage of any kind which you or any other user of your
account may incur as a result of, or in connection with, any dealings or
transactions with such third parties.
Links or pointers to other websites and references to products and services offered
by third parties are provided to you for convenience only and do not constitute
an endorsement or approval by us of (i) the organizations that operate such
websites; (ii) the content, privacy policies or other terms of use on such
websites; or (iii) such third party products and services. As we have no control or
responsibility over websites or content maintained by other organizations, or
for products and services offered by third parties, we do not assume any
liability for your use of any of the foregoing, which use you acknowledge and
agree shall be at your own risk.
Octempo:RM, Octempo.com, The Benefits Calculator and other
identifying marks of Octempo Receivables Management
Limited
are and shall remain the trade-marks and trade names and exclusive property of Octempo Receivables Management Limited, and any unauthorised use of these marks is unlawful. Other trade-marks on this website are
the property of their respective owners.
All content on this website is the copyrighted property of Octempo:RM
and is protected by international copyright law.
The content on this website may not be taken
out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.
The credit information requests supplied may in whole or
part be compiled from or contain advice or opinions based on information and/or
data supplied to Octempo:RM by third party suppliers, the accuracy or completeness
of which Octempo:RM is unable to verify in every case. Whilst Octempo:RM will use its
reasonable endeavours to ensure that such information and/or data is accurate and
complete, Octempo:RM does not warrant the accuracy or completeness of any information
and/or data provided to the client or the validity of any advice or opinion contained
therein and will accept no liability for any error therein or omission therefrom.
Octempo:RM (and any third party supplier) shall not be liable
for any loss of business profits or contracts nor any direct or indirect damage
or consequential loss whatsoever as a result of the client's use of or reliance
upon the credit information requests including any loss suffered by the client as
a result of any claim by the subject of the credit information request howsoever
arising.
The user acknowledges
and accepts that computer and telecommunications systems are not fault free and
may from time to time require periods of downtime (being periods during which the
website is not available to the user) for the purposes of repair, maintenance and
upgrading.
Octempo:RM does not guarantee uninterrupted availability of the website, but it
shall make reasonable efforts to minimise any periods during which the website is
not available. The user accepts that it shall have no claim for breach of contract
or otherwise in respect of any such period of unavailability.
Our policy is to comply with all intellectual property laws
and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has
been reproduced on this website in a manner that constitutes copyright
infringement, please provide a notice of copyright infringement containing all
of the following information:
1.
A physical or electronic signature of a person authorised to
act on behalf of the copyright owner for the purposes of the complaint.
2.
Identification of the copyrighted work claimed to have been infringed.
3.
Identification of the material on our website that is claimed to be infringing or
to be the subject of infringing activity.
4.
The address, telephone number or e-mail address of the complaining party.
5.
A statement that the complaining party has a good-faith belief that use of the
material in the manner complained of is not authorised by the copyright owner,
its agent or the law.
6.
A statement, under penalty of perjury, that the information in the notice of
copyright infringement is accurate, and that the complaining party is authorised
to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent in the first instance via e-mail: webmaster@Octempo.com or mailed to our address found on the Contact Us page
If any provision of these Terms of Use is held invalid or
unenforceable in any respect by any court having competent jurisdiction, such
provision shall be enforced to the maximum extent permitted by law, and the
remaining provisions of these Terms of Use shall continue in full force and
effect. No waiver of any provision
of these Terms of Use shall be deemed a further or continuing waiver of such
provision or any other provision of these Terms of Use.
You agree that these Terms of Sale, our Privacy Policy and
other notices posted on this website have been drawn up in English. Although translations in other
languages of any of the foregoing documents may be available, such translations
may not be up to date or complete.
Accordingly, you agree that in the event of any conflict between the English
language version of the forgoing documents and any other translations thereto,
the English language version of such documents shall govern.
Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither
of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
These Terms of Use shall be governed by and construed in
accordance with the laws of the United Kingdom applicable therein, without regard to conflict of laws provisions thereto.
The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, the United Kingdom.
Contact
If you have any questions or concerns about our website or
these Terms of Use, please feel free to contact us at
webmaster@Octempo.com.
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