WEBSITE TERMS OF USE

Welcome to the Oniva Ltd ("the Company", "its", "we", "us", "our") website on www.onivaltd.com (the "Site"). Any person who wants to access the Site to request quotes, receive services or to use the other features provided must accept and is deemed to have accepted the Terms and conditions of these website Terms of use (the “Terms”) without change. These Terms incorporate our Privacy Policy & Cookie Notice, which can be found at www.onivaltd.com.

Any reference to “you” in these Terms shall include any person that accesses or uses the Site or Services on your behalf.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. BY USING OUR SITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SITE. IF YOU CONTACT US THROUGH OUR SITE, WE WILL ASK YOU TO EXPRESSLY AGREE TO THESE TERMS.

1. Other applicable Terms

These Terms incorporate our Privacy Policy & Cookie Notice, which can be found at www.onivaltd.com/privacypolicy, which sets out

(a) the terms on which we process any personal data we collect from you, or that you provide to us; and

(b) information about the cookies on our Site. By using our Site, you consent to our use of cookies and to such processing and you warrant that all data provided by you is accurate.

2. Information about us

www.onivaltd.com is a site operated by Oniva Ltd, which is a registered limited company in England and Wales under company number 4736312 and has its registered office at 15 Grove Place, Bedford, MK40 3JJ.

3. Changes to these Terms

We may revise these Terms at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you. The date of the most recent revision will appear at the bottom of the page.

4. Changes to our site

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.  We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

5. Accessing our site

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted.  Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.  You are responsible for making all arrangements necessary for you to have access to our Site.  You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of use and other applicable Terms and conditions, and that they comply with them.  We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time.

6. Intellectual property rights

We are the owner of all materials published on our Site except those used and provided by third parties such as Wix.com. Our works are protected by copyright laws and all such rights are reserved. This material includes, but is not limited to, the images, videos, text and appearance as presented as works by Oniva Ltd. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.  You must not use any part of the content on our Site for any purposes without obtaining permission and/or a licence to do so from us.

If you print off, copy or download any part of our Site in breach of these Terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7. No reliance on information

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.  Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, as to the accuracy, timeliness, performance, completeness, or suitability of the information and material found or offered on this Site for any particular purpose. You acknowledge that such information and material may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

8. Limitation of our liability

Nothing in these Terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law governing these Terms.  To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.  We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our Site; or

• use of or reliance on any content displayed on our Site.

If you are a business user, please note that, in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of management time or office time;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.  We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

We will not be liable for any losses arising out of any acts of omissions of any hosting services provider, payment services provider, or other third party services provider.  We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

9. Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses.  You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.  You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

10. Linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link to our Site in any website that is not owned by you.  Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.  We reserve the right to withdraw linking permission without notice.  If you wish to make any use of content on our Site other than that set out above, please contact us.

11. Third party links and resources in our Site

Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those Sites or resources.

12. Prohibited uses

You may use our Site only for lawful purposes. You may not use our Site:

• In any way that breaches any applicable local, national or international law or regulation.

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

• For the purpose of harming or attempting to harm minors in any way.

• To send, knowingly receive, upload, download, use or reuse any material.

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

• 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 the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or resell any part of our Site in contravention of these Terms.

• Not to access without authority, interfere with, damage or disrupt:

◦ any part of our Site;

◦ any equipment or network on which our Site is stored;

◦ any software used in the provision of our Site; or

◦ any equipment or network or software owned or used by any third party.

13. Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of these Terms upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our Site.

• Issue of a warning to you.

• 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.

• Further legal action against you.

• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

14. Miscellaneous

Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms.

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms, and all incorporated documents referred to herein, constitutes the entire agreement as to your use of and our provision of the Site and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral.

You acknowledge that, in entering into this agreement, you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any incorporated documents referred to herein.

15. Applicable law

These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales, and you irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.

Contacting us

To contact us, please contact us. Thank you for visiting our Site.

Revision Date: 26 July 2022