Terms of service
TERMS AND CONDITIONS – OMIO
This Site is owned and operated by TrafficBroker Limited (trading as Omio) ("We", "Us"). If you would like to contact us about anything contained on the Site then please contact us.
These Terms and Conditions govern the contents and use of the website kym.onmobiles.com (the "Site") and set out the terms and conditions on which We provide the services available on the Site (the "Services"). Please read these Terms and Conditions carefully before using the Site. By using the Site you signify that you have read, understand and agree to be bound by these Terms and Conditions. You can print a copy of these Terms and Conditions by clicking on the print icon on your browser.
These Terms and Conditions shall apply to all use of the Services via the Site and shall supersede any other terms or conditions contained or referred to elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by Us.
Accessing and using the Site
You hereby agree to access and use the Site in accordance with these Terms and Conditions.You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applied to you. You agree to comply with all reasonable instructions that we may give you from time to time regarding use of the Site.
Property rights and rights of use
All intellectual property rights (meaning patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs) in and to the Site and the technology contained are owned by and shall remain owned by Us.All content contained in the Site ("Site Content"), except for any User Generated Content, is owned by and shall remain owned by Us or Our licensors or Our licensees.The Site and any Site Content may only be used for your personal, non-commercial purposes and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form of by any means in whole or in part. You may not remove any copyright or other proprietary notices contained in any Site Content.
Site access
While we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Disclaimers
While we endeavour to ensure that the Site Content is correct, we do not warrant the accuracy and completeness of the Site Content. Commentary and information is not intended to amount to advice and you should not rely on it without seeking independent advice for your circumstances. We may make changes to the Site Content at any time without notice. The Site Content may be out of date, and we make no commitment to update such material.
We will exercise all reasonable skill and care in providing the Site. Some Site Content is provided by third parties and we do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such Site Content.
Therefore, except as expressly provided in these Terms and Conditions, the Site and all Site Content provided through it are provided on an "as is" basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or Site Content or that your use of the Site or Site Content will not infringe the rights of any third party).
We do not warrant that the Site, any Site Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations that the Site and the Site Content will meet your requirements nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability, or otherwise. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Links, Third Party Websites and Purchases
This Site contains links to websites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any such websites which you may access through this Site or any products or services that they may provide. Without limiting the foregoing, these sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising, products or services available from such websites, their suitability, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality or functionality of any products or services available on such sites or for any transactions, dealings or arrangements that you may have, or the consequences of such transactions, dealings or arrangements, with such third party site operators.
If you choose to access a website beyond our control, you do so at your own risk. You agree that any use of any such third party site may be subject to your acceptance of the third party's terms and conditions. You agree that any transactions, dealings or arrangements (including without limitation buying any products or services) you carry out on any third party site shall be direct with such third party (on the terms and conditions (if any) of such third party) and not with us. You agree that we are not liable in any way in relation to such transactions, dealings or arrangements.
User Generated Content
The Site may contain functionality which allows you to upload information or comments to the Site.
You are entitled if the Site contains such functionality to upload, post, publish, display, transmit, share or otherwise make available files, images, photos, videos, messages, notes, text, information and other content, materials and works of authorship (collectively "User Generated Content").
Whilst we encourage you to contribute User Generated Content to the Site, you may only contribute User Generated Content in accordance with these Terms and Conditions and:
(a) you must not upload, post, publish, display, transmit, share or otherwise make available any User Generated Content that we deem to be harmful, threatening, unlawful, confidential, defamatory, offensive, infringing, inflammatory, harassing, obscene, indecent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or other users of the Site to any harm or liability of any type;
(b) you mush not upload, post, publish, display, transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or bulk communication;
(c) you mush not upload, post, publish, display, transmit, share or otherwise make available any private information of any third party, including, address, phone numbers, email addresses, national insurance details and payment details;
(d) you may only upload, post, publish, display, transmit, share or otherwise make available material to the Site which either you own or which you have the permission of the owner of that material to submit and you must not submit any content or material the Rights in which are owned by any third party; and
(e) you must not submit any material in breach of confidence or in contravention of the Data Protection Act 1998 or any other applicable data protection or privacy legislation.
If other members have posted material which is inaccurate, inappropriate, offensive or does not comply with any of the provisions of these Terms and Conditions we shall have no responsibility or liability for such material. Please contact us if you believe any material posted on the Site is defamatory, offensive, unlawful or inappropriate.
You acknowledge that we do not actively monitor the content of the Site and that we may delete or remove from the Site immediately without notice any User Generated Content or any other content of whatever nature, for any or no reason, including without limitation, if we believe in our absolute discretion that such content: (i) infringes the Rights or other proprietary rights of any third person or is otherwise unlawful; and/or (ii) is offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate or which is posted in breach of these Terms and Conditions. Such removal will be without any admission as to liability and without prejudice to our other rights and remedies.
We do not claim any ownership of any Rights in the User Generated Content that you submit to the Site. After posting any User Generated Content you retain all rights of ownership in it and you may use your User Generated Content in any way you choose (provided it does not breach any of these Terms and Conditions).
You warrant and undertake that you own the Rights in and to all User Generated Content that you submit to the Site or that you are otherwise entitled and have the owner's express permission to submit such User Generated Content to this Site.
You hereby automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, sub-licensable worldwide licence to publicly perform, copy, reproduce, display, communicate to the public, modify, edit, manage, distribute and store any of your User Generated Content as part of the Site or as part of any materials used to promote or advertise the Site and any other required use anywhere in the world. The licence you grant to us is royalty free and we will not be under any obligation to pay you or any other third party appearing in the User Generated Content for using any of the User Generated Content on the Site.
You hereby unconditionally and irrevocably waive, in respect of your User Generated Content (and any updated or revisions to such), all rights to be identified as the author or director of such User Generated Content and all rights to object to derogatory treatment of your User Generated Content to which you may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 (as amended from time to time) and under all similar legislation from time to time in force anywhere in the world.
Liability
Nothing in these Terms and Conditions shall exclude or limit our liability for:
- death or personal injury caused by our negligence; or
- any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
- any liability which cannot be excluded or limited under applicable law.
You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk
Subject to the above, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or the Site Content; (ii) these Terms and Conditions (iii) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; (iv) any use of or reliance upon any Site Content or any other information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.
Indemnity
You agree to indemnify, keep indemnified, defend and hold Us and Our parent companies, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents,contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your use of the Site, the Site Content or the services provided through the Site, your conduct in connection with the Site or services provided or with other users of the Site, any purchases, transactions, dealings or arrangements with any third party via the Site or on a third party site, or any violation of these General Terms and Conditions or of any law or the rights of any third party.
Termination
We may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.
We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.
Data Protection and Privacy
We will only use any personal information that we may collect about you in accordance with our Privacy Policy. This policy forms an essential part of these Terms and Conditions and it is important that you read it. By accepting these Terms and Conditions you also accept and consent to our Privacy Policy.
General
Any failure or delay by us to enforce any of our rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
Save in respect of the above indemnity provision, these Terms and Conditions are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
If any clause or part of a clause of these Terms and Conditions is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms and Conditions. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms and Conditions.
The warranties, exclusions and the other express provisions of these Terms and Conditions and the Privacy Policy set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto. You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms and Conditions other than any remedy you may have for breach of the express terms of these Terms and Conditions.
These Terms and Conditions are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
