Terms and Conditions
APPLICATION OF TERMS
- These Terms apply to your use of Owlya’s Products (including websites, mobile apps, etc.). By accessing and using Owlya’s Products:
- you agree to these Terms; and
- where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
- If you do not agree to these Terms, you should not access and use the Website. If you are already using it, you must immediately stop doing so.
- Owlya may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use Owlya’s Products, you agree to be bound by the changed Terms.
- We may change, suspend, discontinue, or restrict access to, Owlya’s Products without notice or liability.
- These Terms were last updated on Aug 14th 2020.
- In these Terms:
- including and similar words do not imply any limit
- Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
- personal information means information about an identifiable, living person, corporation, etc.
- Underlying System means any network, system, software, data or material that underlies or is connected to the Website
- User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
- We, us or our means Owlya Inc.
- Website means https://owlya.com
- You mean you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
- You shall provide true, current and complete information in your dealings with us (including when setting up an account), and shall promptly update that information as required so that the information remains true, current and complete.
- If you are given a User ID, you shall keep your User ID secure and:
- not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to firstname.lastname@example.org.
- You shall:
- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, our or any Underlying System, or otherwise attempt to damage or interfere with our or any Underlying System; and
- unless with our agreement, access Owlya’s Products via standard Products platforms only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
- You must obtain our written permission to establish a link to our Products. If you wish to do so, email your request to email@example.com.
- You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Products by using your User ID.
We (and our licensors) own all proprietary and intellectual property rights in our Products (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
- To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
- Our Products being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through our Products;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use our Products. To avoid doubt, you are responsible for ensuring the process by which you access and use our Products protects you from this; and
- any site linked from our Products. Any link on our Products to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
- We make no representation or warranty that our Products are appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of our Products is not illegal or prohibited, and for your own compliance with applicable local laws.
- To the maximum extent permitted by law:
- your access and use of our Products is at your own risk; and
- we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, our Products, or your access and use of (or inability to access or use) our Products. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
- Except to the extent permitted by the applicable law, nothing in these Terms has the effect of contracting out or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the $50.
- To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed the $50 USD.
- If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities
- You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Products.
- When you provide personal information to us, we will comply with the applicable statutes.
- The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
- Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
- to service providers and other persons working with us to make our Products available or improve or develop its functionality (e.g. we may use a third party supplier to host our Website);
- in relation to the proposed purchase or acquisition of our business or assets; or
- where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
- Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside of the country where our Products are used. This may involve the transfer of your personal information to countries which have less legal protection for personal information.
- You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at firstname.lastname@example.org
SUSPENSION AND TERMINATION
- Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms (including any additional or different disclaimers) or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to our Products (or any part of it).
- On suspension or termination, you must immediately cease using our Products and must not attempt to gain further access.
- If we need to contact you, we may do so by email or by posting a notice on any or all of our Products. You agree that this satisfies all legal requirements in relation to written communications.
- These Terms, and any dispute relating to these Terms (including any additional or different disclaimers) or our Products, are governed by and shall be interpreted in accordance with the applicable laws. Each party submits to the non-exclusive jurisdiction of the Courts within the country where the accounts are registered in relation to any dispute connected with these Terms or Products.
- For us to waive a right under these Terms, the waiver shall be in writing.
- Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
- If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision shall be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
- These Terms set out everything agreed by the parties relating to your use of our Products and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to our Products that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.