Terms of Sale
The following terms and conditions (the "Terms") apply to all purchases of products or services ("Products") sold by O Imaging Corporation Ltd. through this O Imaging Corporation Ltd. online store website (the "Site"). "O Imaging Corporation Ltd." means O Imaging Corporation Ltd. a United Kingdom corporation, maintaining its principal place of business at PO Box 2351, Ilford, IG1 8AU. "You" or "Your" refers to the individual who has placed an order to purchase the Products through the Site. Any policy or materials specifically referred to in these Terms are incorporated into the Terms by reference. Please read the Terms below carefully. By placing an order on the Site, You agree to abide by these Terms. These Terms do not affect any mandatory and/or statutory rights that You have as a consumer under applicable law.
1. Order and Acceptance.
A Product order submitted by You constitutes Your offer to O Imaging Corporation Ltd. to purchase the Products pursuant to these Terms and is subject to acceptance by O Imaging Corporation Ltd.. Any prices or Products referred to on the Site are subject to availability and do not constitute an offer by O Imaging Corporation Ltd.. After you place an order, O Imaging Corporation Ltd. may send you a communication confirming receipt of Your order and containing the details of Your order. You agree and understand that any such communication confirming receipt of Your order does not constitute acceptance of Your order by O Imaging Corporation Ltd.. O Imaging Corporation Ltd.'s acceptance of Your order becomes effective when O Imaging Corporation Ltd. dispatches the Products ordered by You and accepts Your payment.
2. Price and Payment Terms.
a. Prices payable for Products are those in effect at the time of Product dispatch, unless expressly agreed otherwise. Despite our efforts, occasionally an error in the price or description of a Product may be reflected on the Site. In such case, O Imaging Corporation Ltd. will contact you for instructions before dispatch where you have the option to cancel your order or proceed to place order based on revised price or description of a Product.
b. O Imaging Corporation Ltd. reserves the right to withdraw any discount and/or to revise any Product price on the Site at any time prior to acceptance of Your order. The final Product price will be reflected prior to your confirmation of Your order.
c. Unless otherwise specified, prices quoted on the Site are exclusive of tax, VAT, or duty of any kind which (where applicable) must be added to the price payable.
You agree to pay VAT, taxes, for the Products as specified on the Site when You submit Your order.
d. Payment may only be made using any of the payment options specified on the Site.
e. O Imaging Corporation Ltd. reserves the right to verify credit or debit card payments prior to its acceptance of Your order.
f. For invoiced payments, each invoice will be due on and payable within 14 days measured from the date of the invoice. If at any time you fail to pay any amount due on the relevant due date, O Imaging Corporation Ltd. may by notice declare all invoiced amounts unpaid at that date to be immediately due and payable.
g.No set-off or counterclaim may be deducted from any amount payable by You to O Imaging Corporation Ltd. without written consent of O Imaging Corporation Ltd..
3. Delivery and Risk of Loss.
a.Delivery times and dates referenced on the Site or in any order communications from O Imaging Corporation Ltd. are estimates only, and O Imaging Corporation Ltd. is not liable in the event of a delivery delay.
b.Risk of loss of or damage to the Products passes to You upon delivery or when placed in your possession.
c. If You refuse or fail to take delivery of Products, including any refusal to accept delivery of the Product via email, provided in accordance with these Terms, any risk of loss or damage to the Products shall nonetheless pass to You, without prejudice to any other rights or remedies O Imaging Corporation Ltd. may have, including:
(i)O Imaging Corporation Ltd. shall be entitled to immediate payment in full for the Products delivered and either to effect delivery by whatever means O Imaging Corporation Ltd. considers appropriate, or to store Products at your risk and expense;
(ii)If You refuse or fail to take delivery for a period of 30 days, O Imaging Corporation Ltd. may dispose of the Products ordered by You at O Imaging Corporation Ltd.'s discretion.
4. Returns.
Please review O Imaging Corporation Ltd.'s Return Policy, which applies to Products purchased from the Site.
5. Privacy.
Please review O Imaging Corporation Ltd.'s Privacy Policy which governs your visit to the Site and any purchase transaction, to understand our practices.
6. Unauthorized Products and Brand Protection.
a. You may not alter, unbundle or break the Product down to components for distribution, transfer, resale or any other purposes. You are strictly prohibited from separating a product key from the associated software and transferring the product key to a third party for any purposes.
b. All Product must only be obtained in the first instance from O Imaging Corporation Ltd. (or O Imaging Corporation Ltd.'s authorized partners, as applicable). If, in O Imaging Corporation Ltd.'s reasonable judgment, the original acquisition of a Product from O Imaging Corporation Ltd. (or O Imaging Corporation Ltd.'s authorized partners, as applicable) occurred using a fraudulently obtained credit card or any other unauthorized means, O Imaging Corporation Ltd. has no obligations to provide customer services or any support to You for the Product in question or to allow the subscription to continue.
c. O Imaging Corporation Ltd. reserves, in its sole discretion, the right to deactivate any Product which has been obtained through any unauthorized means.
7. Licences and Activation Keys
Each purchase that requires activation will generate an entitlement to an activation key. These keys must be generated using the "My Keys" section of the Website. Activation keys for a purchase can be issued (and then re-issued a further 2 times to cover PC Migration/Hardware Failure etc) in any one calandar year period. Further re-issues will not be possible without contacting OiC by email to licensing@oimaging.co.uk
8. Other Important Information.
a. Disclaimer of Warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, O IMAGING CORPORATION LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, O IMAGING CORPORATION LTD. MAKES NO WARRANTIES THAT: (I) THE PRODUCTS AND/OR SITE WILL MEET YOUR REQUIREMENTS; (II) THE PRODUCTS AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE PURCHASE OF THE PRODUCTS AND/OR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS PURCHASED OR INFORMATION OBTAINED BY YOU THROUGH THE PRODUCTS AND/OR SITE WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE PRODUCTS AND/OR SITE WILL BE CORRECTED. O IMAGING CORPORATION LTD. DOES NOT WARRANT THIRD PARTY PRODUCTS.
b. Limitation of Liability. SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL O IMAGING CORPORATION LTD. BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PURCHASE OF PRODUCTS EVEN IF O IMAGING CORPORATION LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL O IMAGING CORPORATION LTD.'S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT.
c. Proprietary Rights. O Imaging Corporation Ltd. retains ownership of all proprietary rights in the Products and/or the Site and in all trade names, trademarks and service marks associated or displayed with the Products. You will not remove, deface or obscure any of O Imaging Corporation Ltd.'s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Products.
d. Force Majeure. O Imaging Corporation Ltd. shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond O Imaging Corporation Ltd.'s reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, O Imaging Corporation Ltd. may be excused from such performance to the extent it is delayed or prevented by such cause.
e. Exort Regulation. You acknowledge that the Products and related technical data and services (collectively, "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where the Controlled Technology are imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All of the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Products for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
9. General.
These Terms will be governed by the laws of England and Wales. Notwithstanding the foregoing, nothing in the Terms will derogate from any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction. Should You have any questions concerning the Terms, or if You desire to contact O Imaging Corporation Ltd. for any reason, please write to: (i) O Imaging Corporation Ltd. Customer Service, PO Box 2351, Ilford, IG1 8AU or via email to support@oimaging.co.uk