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TERMS OF BUSINESS

Optymum SS (UK) Ltd referred to herein with the descriptions “us”, “we”, or “our” operates the https://www.optymumss.com website.


We are a private limited company currently registered in England and Wales with company number 12994437. Our registered address is Suite 153, 51 Pinfold Street, Birmingham B2 4AY, UK, and our VAT registration number is GB368652556. Please read these Terms of Business (herein referred to as “Terms”) carefully before using our services.


Introduction

This document informs you of the terms and conditions of our services. Your access to and use of our service underlies your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access, use or come into contact with our website services. It acts as an agreement between you and us. Express consent will be required to allow registration and other access to our services. Nevertheless, by accessing or using this website service, you agree to be bound by our Terms, and you should not access our website if you disagree with any part of the Terms.


Definitions

Agreement –means the contract formed as a result of a user’s electing to take advantage of our website services, including any acceptance of our proposition to supply services or products.


Client –means a person or organisation to whom we provide, intend to provide or have previously provided service. Our definition of the client thus includes every customer, a prospective customer, appointed representatives of customers, any person or organisation to whom project or portfolio management services are provided, as well as persons or organisations acting as agents for another organisation.


Data Protection Law –means applicable legislation protecting individuals’ fundamental rights and freedoms concerning their personal data and right to privacy (including the EU GDPR and the UK Data Protection Act 2018).


Intellectual Property –means patents, designs, trademarks and trade names (whether registered or unregistered), copyright materials, databases, know-how, confidential information and other materials of an equivalent nature anywhere in the world.


Partner –means an individual or organisation with whom we have an indicated agreement to cooperate in progressing specified shared interests and benefits.


Regulations –means all UK legislation, codes of practice, guidance or other requirements of any relevant government, agency, or other relevant body, applicable to the supply or provision of our services.


Electronic Signatures

We make extensive use of electronic documents and agreements, and in all cases, an electronic copy of a signature shall be regarded as an original signature. A name added in the signature segment of an electronic page shall also be considered functionally equivalent to a signature. Our terms of business require all parties to share the same view, including that agreements can be executed in any number of counterparts, each of which shall be effective upon delivery and thereafter shall be deemed an original.


Vetting Arrangements

When you submit an online request for services such as a quotation or partnership, we may undertake preliminary vetting to evaluate your request and personal and organisational background checks. This may include corroboration against databases, the authentication of documents, etc. You authorize us, directly or indirectly, to make any inquiries necessary to validate your request and background, subject to applicable law. We may also request further information about you or your organisation, and declining to provide us such information when requested constitutes a breach of these Terms.


Compliments and Complaints

If you would like to provide a testimonial or compliment our service, please send your comments preferably by email or by writing to us. Alternatively, you may also contact us by telephone with your remarks.


We pride ourselves on providing excellent products and unrivalled services. However, if any complaint or concern about our products or services is raised, we have a simple and effective way of handling them. We welcome objective feedback and see it as an opportunity to learn, improve and provide a better service. Please bear in mind that you may be held legally responsible for damages suffered due to your remarks if a court finds that your remarks are deceptive or defamatory. Contact us promptly by telephone, email, web contact form, or post if that is your preferred means. We have a procedure in place to ensure that complaints are dealt with properly and that all complaints or comments made by partners and clients are taken seriously.


Data Protection and Privacy

Whiles using the services made available through this website, you may be asked to supply certain relevant information, including and without limitation to your name, contact details, address, business and employment details, and other information. Data protection laws and regulations govern our use of this information. Our Privacy Policy lays out the conditions under which we process and use any such personal data we collect from you or that you provide to us. By using our site, you consent to such processing, our use of your data, and you warrant that all data provided by you is accurate.


Intellectual Property, Licensing, Copyright, etc.

We and/or our partners and agents own all intellectual property rights on our site and within all materials provided. Materials and resources, such as software, provided by us is restricted by licensing and copyright laws. Laws and treaties protect these resources both in the United Kingdom and worldwide. By accessing and using our materials, you consent to be bound by these laws. All such rights are reserved. The illegal use, copying, reproducing or distribution of any material provided by us without the appropriate license, consent or permission may lead to our taking legal action. We reserve the right to carry out such action or have such proceedings initiated on our behalf upon the infringement of such rights.


Protection of Confidential Information

If a client provides us with Confidential or privileged information as a basis for discussion in providing a quotation or undertaking a project before contract, we will always endeavour to fully protect the secrecy of the discloser’s Confidential Information with the same degree of care as we protect our own Confidential Information. We will not disclose, use or permit others to disclose or use another’s Confidential Information without first obtaining the express written consent of the owner of the Confidential Information – except as necessary for the performance of relevant services. We rigorously hold all our partners and clients to the same high standards. Furthermore, we use the latest encryption technologies to ensure that your commercially sensitive data is safe within our systems. Whiles, we strive to use acceptable means to protect personal and commercial data and implement strict measures to protect this, we cannot guarantee its absolute security. You can find further information concerning digital security in our Digital Security statement.


Third Parties

Our website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.


Warranties

To the extent that the information and services provided to you are free of charge, we will not be liable for any loss or damage of any nature. We take reasonable care to ensure that the information provided is accurate in all material respects. However, the user’s attention is drawn to the fact that no representation, warranty or undertaking is given by us regarding the aforementioned transactions. We do not warrant or represent that such information or services provided are complete or accurate, up to date, will be without fault, or remain available.


Liability

We are not liable, and you agree to same, for any damages or losses (including loss of business or opportunity) arising out of or in connection with our website services and these Terms, including, but not limited to: Viruses or other malicious software obtained by accessing our website services, errors or inaccuracies of any kind provided through website services or your reliance on the quality, accuracy, or reliability of criteria, recommendation or metrics found on, used on, or made available through the website.


Indemnity

You shall indemnify us and accept to keep us indemnified and hold harmless against any and all claims, damages, liabilities, costs, losses, and expenses (including without limitation, reasonable legal fees and all related costs and expenses) arising from or relating to any cause of action, claim, suit, proceeding brought by you or a third party against us, related to your use of our website services. This indemnity will include, but not limited to, such cause of action, claim, suit, or proceeding arising out of the negligence or willful misconduct of our organisation or an agent related to us -unless we have explicitly agreed differently in writing.


Age Restrictions

The use of some aspects of our services by minors is prohibited. We reserve the right to verify user age prior to the provision of service. By using our services, the user accepts our age restriction and confirms their age to be 18yrs or over unless otherwise consented to by us.


Law and Jurisdiction

We are a UK-based organisation, and all our agreements are considered made in England and in accordance with English law. Agreements and contracts shall be subject to the exclusive jurisdiction of the English courts to which all parties will irrevocably submit unless we explicitly agree in writing to do otherwise.


Variation

No variation of these Terms shall be effective unless it is in writing and signed by all parties.


Severance

If any provision or part-provision included in these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity of the rest of these Terms.


Entire Agreement

These Terms, together with other policies published on our website, shall constitute the entire agreement between you and us in relation to your use of our website services and shall supersede all other agreements -unless we explicitly agree differently in writing.


Updates and Changes

At our sole discretion, we reserve the right to modify or replace these Terms at any time. If a revision of material is required, we will try to provide adequate notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.


Contact Us

If you have any questions about these Terms, please contact us by post, web contact form or email using legal@optymumss.com