Terms of Use to ensure easy operation

Welcome to our website. The use of this website and services on this website provided by Ovysion Technologies Ltd (hereinafter referred to as “Company”) are subject to the following terms & conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “website”) and any services provided by or on this website (“services”).

1) Definition

The parties referred to in this agreement shall be defined as follows:
a) Company, us, we or our: Ovysion Technologies Ltd, as the creator, operator, and publisher of the website, makes the website and certain services on it, available to users.

b) You, the user, the client: you, as the user of the website, will be referred to throughout this agreement.

c) Parties: collectively, the parties to this agreement (the company and you) will be referred to as parties.

2) Assent and acceptance

IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE “SERVICES”) OF OVYSION TECHNOLOGIES LTD AND ITS AFFILIATES (“OVYSION”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.

BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE OVYSION WEBSITE OR BY UTILIZING THE OVYSION SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT”). THE OVYSION SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.

3) License to use the website

The company may provide you with certain information because of your use of the website or services. Such information may include but is not limited to, documentation, data, or information developed by the company, and other materials which may assist in your use of the website or services (“company materials”). Subject to this agreement, the Company grants you a non-exclusive, limited, non-transferable and revocable license to use the company materials solely in connection with your use of the website and services. The company materials may not be used for any other purpose and this license terminates upon your cessation of use of the website or services or at the termination of this agreement.

4) Intellectual property

You agree that the website and all services provided by the company are the property of the company, including all copyrights, trademarks, trade secrets, patents and other intellectual property (“Company IP”). You agree that the company owns all right, title and interest in and to the company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or uniform resource locators (URLs), without express wrote permission from the company.

5) User obligations

As a user of the website or services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the website and services. You must not share such identifying information with any third party and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the website or services for committing fraud or unlawful activity can lead to immediate termination of this agreement.

6) Charges and Payment of Fees

You agree that Ovysion may charge to Your credit card or other payment mechanism selected by You and approved by Ovysion (“Your Account”) all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. Ovysion may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Ovysion will provide you with prior notice and an opportunity to terminate Your Account if Ovysion changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. All payment obligations are noncancelable and all amounts paid are non-refundable. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used.  Added licenses will be subject to the following: (i) the license fee for the added licenses will be the then-current, generally applicable license fee; and (ii) licenses added in the middle of a billing month will be charged in full for that billing month. Ovysion reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.

You agree that in the event Ovysion is unable to collect the fees owed to Ovysion for the Services through Your Account, Ovysion may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Ovysion in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Ovysion may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for.

7) Billing and Renewal

Ovysion charges and collects in advance for use of the Service. Ovysion will renew and invoice automatically with an agreed method or issue an invoice each month for the next anniversary. The renewal fee will be equal to the current number of total user licenses multiplied by the fee in effect during the previous term unless Ovysion has given you at least 30 days’ written notice prior to a commission increase, which must be effective at the time of renewal and subsequently. The fees of Ovysion are exclusive of all taxes, duties or taxes imposed by the tax authorities and the user is responsible for the payment of all taxes, duties or taxes. You agree to provide Ovysion with complete and accurate billing and contact information. This information includes your name or the company name, address, e-mail address, and eventually the name and phone number of an authorized billing contact and the license administrator. You agree to update this information within 30 days of the change. If the contact information provided is false or fraudulent, Ovysion reserves the right to terminate access to the Service in addition to any other legal remedy.  If you believe that your account is not correct, you must contact us in writing within 60 days of the invoice date containing the amount in question in order to receive an adjustment or credit.

8) Non-Payment and Suspension

In addition to any other rights granted to Ovysion herein, Ovysion reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to the interest of 2.4% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension. If you or Ovysion initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Ovysion may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Ovysion reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Ovysion has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.

9) Termination for Cause

Any breach of your payment obligations or unauthorized use of the Ovysion or Service will be deemed a material breach of this Agreement. Ovysion, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Ovysion may terminate a free account at any time in its sole discretion. You agree and acknowledge that Ovysion has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

10) Payment Conditions of Sale and Payment Terms. 

Prior to the purchase of any goods or services on our Site made by VISA or MasterCard, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.

11) Methods of Payment, Credit Card Terms and Taxes. 

Payments made be made by VISA or MasterCard, or other forms of payment as agreed upon by each party. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT OVYSION, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Ovysion of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Ovysion does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Ovysion or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.

12) Order Acceptance Policy. Your receipt of electronic or other forms of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Ovysion reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order.

13) No Responsibility To Sell Mispriced Products Or Services. Ovysion shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Ovysion shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Ovysion shall immediately issue a credit to you in the amount of the charge.

14) Modifications to Prices or Billing Terms. OVYSION TECHNOLOGIES LTD RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

15) Acceptable use

You agree not to use the website or services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the website or services in any way that could damage the website, services or general business of the company.
a) You further agree not to use the website or services:

I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

II) To violate any intellectual property rights of the company or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate or discrimination towards any group;

VIII) To unlawfully gather information about others.

16) Security

You agree not to undertake to violate the security of the website or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

17) Indemnification

You agree to defend and indemnify the company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the website or services, your breach of this agreement, or your conduct or actions. You agree that the company shall be able to select its own legal counsel and may participate in its own defence if the company wishes.

18) Spam policy

You are strictly prohibited from using the website or any of the company’s services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

19) Third-party links and content

The company may occasionally post links to third-party websites or other services. You agree that the company is not responsible or liable for any loss or damage caused because of your use of any third-party services linked to from our website

20) Modification and variation

The company may, from time to time and at any time without notice to you, modify this agreement. You agree that the company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this agreement are in full force and effect immediately upon posting on the website and that modification or variations will replace any prior version of this agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this agreement. You agree to regularly monitor this agreement and refer to the effective date posted. If you fail to monitor any modifications to or variations of this agreement you agree that such failure shall be considered an affirmative waiver of your right to review the modified agreement.

21) Entire agreement

This agreement constitutes the entire understanding between the parties with respect to all users of this website. This agreement repudiates and replaces all prior or coexistent agreements or understandings, written or oral, regarding the use of this website.

22) Service interruptions

The company may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that the company shall have no liability for any damage or loss caused as a result of such downtime.

23) Termination and suspension

The company may terminate this agreement with you at any time for any reason, with or without cause. The company specifically reserves the right to terminate this agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate this agreement at any time by contacting us and requesting termination. At the termination of this agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

24) No warranties and disclaimer

You agree that your use of the website and services is at your sole and exclusive risk and that any services provided by us are on an as-is basis.

Disclaimer

The company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The company makes no warranties that the website or services will meet your needs or that the website or services will be uninterrupted, error-free or secure. The company also makes no warranties as to the reliability or accuracy of any information on the website or obtained through the services. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the website or services is your sole responsibility and that the company is not liable for any such damage or loss.

25) Limitation on liability

The company is not liable for any damages that may occur to you as a result of your use of the website or services, to the fullest extent permitted by law. We are not liable or responsible to you or any other person for any loss under or in connection with these terms, the website, or your access and use of (or inability to access or use) the website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

26) General provisions:

a) Language: All communications made or notices given pursuant to this agreement shall be in the English language.

b) Jurisdiction, venue and choice of law: through your use of the website or services, you agree that the laws of the United Kingdom shall govern any matter or dispute relating to or arising out of this agreement, as well as any dispute of any kind that may arise between you and the company, except for its conflict of law provisions. In case any litigation specifically permitted under this agreement is initiated, the parties agree to submit to the personal jurisdiction of the United Kingdom. The parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-convenience or similar doctrine.

c) Arbitration: in case of a dispute between the parties relating to or arising out of this agreement, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the United Kingdom. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of this agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing laws of the United Kingdom. Party shall pay their own costs and fees. The parties, in agreement with this sub-part of this agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

d) Assignment: this agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the company, the rights and liabilities of the company will bind and inure to any assignees, administrators, successors and executors.

e) Severability: if any part or sub-part of this agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this agreement shall continue in full force.

f) Copyrights and trademarks
The service is the personal property of the company. All contents of the www.ovysion.com website are Copyright © 2020 Ovysion Technologies Ltd and/or its suppliers, affiliates and partners. The service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the “content”), are protected by copyright and are owned by Ovysion Technologies Ltd or its licensors. Modification, re-publication, re-transmission, or distribution of any content to the third party without any permission is prohibited by the company. Ovysion Technologies Ltd and its respective logos are the trademarks of Ovysion Technologies Ltd. All other trademarks on the service are the property of respective holders.

g) No waiver: in the event that we fail to enforce any provision of this agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

h) Headings for convenience only: headings of parts and sub-parts under this agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this agreement.

j) No agency, partnership or joint venture: no agency, partnership, or joint venture has been created between the parties as a result of this agreement. No party has any authority to bind the other to third parties.

k) Force Majeure: the company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

l) Electronic communications permitted: electronic communications are permitted to both Parties under this agreement, including e-mail or fax. For any questions or concerns, please write to us at the following address: info@ovysion.com.

Questions or Additional Information. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@ovysion.com

Ovysion Technologies Ltd is a company registered in England and Wales with registered number 11436889.

Our registered office is at 64 Minford Gardens, London, United Kingdom, W14 0AP

 

© 2020 Ovysion Technologies Ltd is a company registered in England and Wales with registered number 11436889 All rights reserved​