1 introduction
1.1 This Policy contains the rules and standards which visitors to our website must comply with when using the features and sections contained within it. As the website owner, Optegra may at any time rely on these rules in order to prevent both the unauthorised reproduction of material contained on our website, and undesirable user behaviour such as, without limitation, hacking, introducing viruses and uploading illegal or defamatory content, or any content which having regard to the nature of Optegra’s business is likely to contravene the values, principles and ethos of Optegra.
1.2 These terms will be posted on the website, and will also allow Optegra to remove the offending material and to suspend, or permanently disable, a user’s right to access the site.
2 Use Of Optegra’s Website
2.1 This acceptable use Policy sets out the terms between you and Optegra under which you may access our websites www.optegra.com and www.clarivu.com. This Policy applies to all users of, and visitors to, our website.
2.2 Your use of our site means that you accept, and agree to abide by, this policy (and any other policies referred to in this Policy, which supplements our terms of website use.
2.3 www.optegra.com and www.clarivu.com are sites operated by Optegra UK Limited (“Optegra”) (we or us). We are registered in England and Wales under company number 05846041 and we have our registered office at Oakhill House, 130 Tonbridge Road, Hildenborough, Tonbridge, Kent TN11 9DZ.
2.4 Optegra is regulated by the Care Quality Commission and is required to meet Essential Standards of Quality & Safety. Details of these standards can be found here.
2.5 Optegra owns the copyright and any other rights in all material on this site.
3 Prohibited Uses
3.1 Visitors to our website may use it for lawful purposes only and, subject to the prohibitions contained in this clause 3, are permitted to print and download extracts from the website. You may not use our site: -
3.1.1 in any way that breaches any applicable local, national or international law or regulation;
3.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3.1.3 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards which are outlined at paragraph 4 below;
3.1.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
3.1.5 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect or hinder the operation of any computer software or hardware owned, leased or used by Optegra.
3.2 Users of our website also agree: -
3.2.1 not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use;
3.2.2 not to access without authority, interfere with, damage or disrupt: -
3.2.2.1 any part of our website;
3.2.2.2 any equipment or network on which our website is stored;
3.2.2.3 any software used in the provision of our website; or
3.2.2.4 any equipment or network or software owned or used by any third party;
3.2.3 not to modify any documents or graphics on our website in any way;
3.2.4 not to use any graphics separately from the corresponding text; and
3.2.5 to acknowledge our website as the source of the material in all copies.
4 Content Standards
4.1 These content standards apply to any and all material which you contribute to our website (contributions), or which we place on our website and to any interactive services associated with it.
4.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
4.3 Contributions must: -
4.3.1 be accurate (where they state facts);
4.3.2 be genuinely held (where they state opinions); and
4.3.3 comply with applicable law in the UK and in any country from which they are posted.
4.4 Contributions must not: -
4.4.1 contain any material which is defamatory of any person;
4.4.2 contain any material which is obscene, offensive, hateful or inflammatory;
4.4.3 promote sexually explicit material;
4.4.4 promote violence;
4.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.4.6 infringe any copyright, database right or trade mark of any other person;
4.4.7 be likely to deceive any person;
4.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
4.4.9 promote any illegal activity;
4.4.10 be threatening, abusive or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
4.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
4.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
4.4.13 give the impression that they emanate from us, if this is not the case; or
4.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5 Suspension And Termination
5.1 Optegra will determine, in our discretion, whether there has been a breach of this Policy through your use of our website. When a breach of this Policy has occurred, Optegra may take such action as deemed appropriate.
5.2 Failure to comply with this Policy constitutes a material breach of the terms of use upon which you are permitted to use our website, and may result in our taking all or any of the following actions: -
5.2.1 immediate, temporary or permanent withdrawal of your right to use our website;
5.2.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our website;
5.2.3 issue of a warning to you;
5.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5.2.5 further legal action against you; and
5.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.3 Optegra expressly excludes liability for actions taken in response to breaches of this Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
6 Links To Third Party Sites
6.1 Links to third party websites on our website are provided solely for your convenience. If you use these links, you leave our website. Optegra has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Optegra does not endorse or make any representations about them, or any material found there. If you decide to access any of the third party websites linked to our website you do so entirely at your own risk.
7 IP Addresses And Cookies
7.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
7.2 For the same reason, we may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us to:
7.2.1 estimate our audience size and usage pattern;
7.2.2 store information about your preferences, and so allow us to customise our site according to your individual interests;
7.2.3 speed up your searches; and
7.2.4 recognise you when you return to our site.
7.3 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.
7.4 Please note that our advertisers may also use cookies, over which we have no control.
8 Disclaimers
8.1 Whilst we try to ensure that our website is normally available 24 hours a day, Optegra shall not be liable if for any reason our site is unavailable for any period of time. Access to the site may be suspended temporarily or permanently without notice.
8.2 Whilst we try to ensure that the information on this site is correct, we do not give any express or implied warranty as to its accuracy. Optegra does not accept any liability for error or omission.
8.3 Optegra shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use our website, or any material contained in it, or from any action or decision taken as a result of using the site or any such material.
9 Changes To This Policy
9.1 Optegra may revise this Policy at any time by amending our website. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Policy may also be superseded by provisions or notices published elsewhere on our website.
10 Trading Information
Optegra UK Ltd (Reg. No. 5846041) have their registered offices at
Oakhill House,
130 Tonbridge Road,
Hildenborough,
Tonbridge, Kent
TN11 9DZ.
VAT No 938 2978 67
Tel 01483 903090
11 General
11.1 These terms are governed by and interpreted in accordance with English law.
