Website Terms of  Use

DEFINITIONS

This website (“Website name”) is owned and operated by Okana Systems Limited.
The terms “Okana”, “we”, “us”, “our” and “ours” when used in these Terms of Use means entity.

The terms “Okana”, “we”, “us”, “our” and “ours” when used in these Terms of Use means Okana Systems Limited a company registered in England and Wales under registration number 03877530, registered office address 8 Unity Street, College Green, Bristol BS1 5HH.

AGREEMENT

Access to and use of this Website and the information, materials, and services available through this Website are subject to all applicable laws and regulations and to these Terms of Use.

By accessing this Website, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this Website.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.

ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

SERVICES AND INFORMATION

All references on this Website to information, materials and services apply to information, materials and services available in the UK only, unless otherwise stated. Unless otherwise indicated, this Website is for information purposes only.

OWNERSHIP

Unless otherwise indicated, this Website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters (“proprietary rights”) related to this Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Okana or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED

You do not acquire ownership rights to any such proprietary rights viewed through this Website. Except as otherwise provided herein, none of these proprietary rights may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Website and/or information, materials and/or services available on it to display, download, archive and print in hard copy, portions of this Website for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded, archived or printed materials.

TRADEMARKS

The Okana name and its logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are trademarks (whether registered or unregistered) of entity (the “Marks”). All other trademarks, product names, company names, logos and trademarks mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

HYPERLINK DISCLAIMER

This Website may contain links to websites maintained by unrelated companies and persons. A link to another website does not mean that Okana approves, endorses or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

LINKS FROM OTHER WEBSITES

Any link to this Website without our written permission is prohibited. Notwithstanding authorisation to link to this Website, linking to any page other than the initial start page of Okana is prohibited. Persons providing access to this Website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning entity.

Authorisation by us to link to this Website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this Website at any time and for any reason.

Anyone providing access to, or information relating to this Website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

DATA PROTECTION CONTENT

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy.

Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose.

Posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Notwithstanding the foregoing, all personal data provided to us as a result of this Website will be handled in accordance with our Privacy Policy.

NO WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS”. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

EXCLUSION OF LIABILITY

To the fullest extent permitted by applicable laws we, on behalf of our employees and volunteers exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. Price and availability of information, materials, products and/or services is subject to change without notice.

INDEMNITY AND RELEASE

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Website or any of the information, materials, products or services available through this Website.

MODIFICATION AND DICONTINUATION

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

ENTIRE UNDERSTANDING

These Terms of Use contain the entire understanding between you and us with respect to this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

LAW AND JURISDICTION

These Terms of Use are made under English law and this Website is operated from England. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in any location.

You agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this Website, and that the laws of England and Wales shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

CONTACTING US

If you have any questions regarding these Terms of Use or any other matter, you may contact us here.

© Copyright 2010 Okana Systems Limited – all rights reserved. Reproduction of this Website, in whole or in part, in any form or medium without express written permission from Okana is prohibited.