Terms and Conditions - Open Conduit

Introduction

Welcome to Open Conduit. These Terms and Conditions ("Terms") govern your use of the Open Conduit website (openconduit.sbs) and any related services provided by Open Conduit ("we," "our," or "us").

By accessing or using our website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our website.

1. Website Use and Access

1.1 Eligibility

To access or use our website, you must be at least 16 years old or the legal age of majority in your jurisdiction, whichever is greater. By using our website, you represent and warrant that you meet the eligibility requirements.

1.2 Account Registration

Some areas of our website may require you to create an account. When you register, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Keep your password secure and confidential
Be solely responsible for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if we reasonably believe that you have violated these Terms.

1.3 Acceptable Use

You agree to use our website only for lawful purposes and in accordance with these Terms. You agree not to:

Use the website in any way that violates applicable laws or regulations
Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
Interfere with or disrupt the operation of the website or servers or networks connected to the website
Attempt to gain unauthorized access to any portion of the website or any other systems or networks connected to the website
Use any data mining, robots, or similar data gathering or extraction methods
Transmit or upload viruses, malware, or other malicious code

2. User Responsibilities and Conduct

2.1 User Content

Our website may allow you to post, submit, or share content, including comments, reviews, and submissions ("User Content"). By providing User Content, you:

Represent that you own or have the necessary rights to post such content
Grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, and distribute your User Content in connection with our website
Understand that your User Content may be viewed by other users and may be publicly accessible

2.2 Prohibited Content

You agree not to post or share User Content that:

Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
Infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights
Contains software viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware
Constitutes unauthorized or unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation
Impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity

We reserve the right to remove any User Content at our sole discretion without notice.

2.3 Community Guidelines

When interacting with other users on our website, you agree to:

Be respectful and courteous
Engage in constructive discussions
Respect the privacy and personal information of others
Not engage in harassment, bullying, or intimidation
Not post misleading or deceptive information

3. Intellectual Property Rights

3.1 Our Intellectual Property

The website and its original content (excluding User Content), features, and functionality are owned by Open Conduit and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 License to Use Website

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website for personal, non-commercial purposes. This license does not include:

Modifying or copying the materials
Using the materials for any commercial purpose or public display
Attempting to decompile or reverse engineer any software contained on the website
Removing any copyright or other proprietary notations from the materials
Transferring the materials to another person or "mirroring" the materials on any other server

3.3 Trademarks

The Open Conduit name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Open Conduit or its affiliates. You may not use these marks without our prior written permission.

3.4 Third-Party Content

Our website may contain content provided by third parties, including articles, blog posts, links to other websites, and advertisements. We are not responsible for the content, accuracy, or opinions expressed in such third-party content, and such content does not necessarily reflect our opinions or policies.

4. Limitation of Liability

4.1 Disclaimer of Warranties

Our website is provided on an "as is" and "as available" basis. We make no warranties, expressed or implied, regarding the operation of our website or the information, content, materials, or products included on it. We disclaim all warranties, including but not limited to:

Implied warranties of merchantability and fitness for a particular purpose
Non-infringement of intellectual property rights
Freedom from viruses or other harmful components
That the website will operate without interruption or error

4.2 Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Open Conduit, its affiliates, directors, officers, employees, agents, or service providers be liable for any:

Indirect, special, incidental, consequential, or punitive damages
Loss of profits, data, use, goodwill, or other intangible losses
Damages relating to your access to or use of (or inability to access or use) the website
Damages relating to any conduct or content of any third party on the website

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

4.3 Indemnification

You agree to defend, indemnify, and hold harmless Open Conduit, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms
Your User Content
Your use of the website

5. Purchases and Payment Terms

5.1 Product and Service Information

We strive to provide accurate descriptions and pricing for all products and services offered on our website. However, we do not warrant that product descriptions or other content on the website are accurate, complete, reliable, current, or error-free.

5.2 Pricing and Payment

All prices are displayed in the currency indicated on the website and are subject to change without notice.
We reserve the right to refuse or cancel any orders at our sole discretion.
Payment must be made through the methods specified on the website.
By providing payment information, you represent and warrant that you have the legal right to use any payment method you provide.

5.3 Taxes

You are responsible for paying all taxes, duties, and other governmental charges associated with your purchase. These charges may be added to the purchase price and will be indicated during the checkout process.

5.4 Subscriptions

For subscription-based services:

Subscription fees will be charged automatically according to the schedule presented at the time of purchase.
You may cancel your subscription at any time by following the instructions on our website or contacting our customer service.
No refunds will be provided for partial subscription periods unless required by law.

6. Modifications to the Website and Terms

6.1 Website Modifications

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the website or any service, content, feature, or product offered through the website, with or without notice and without liability to you.

6.2 Terms Modifications

We may revise these Terms at any time by updating this page. All changes are effective immediately when posted and apply to all access to and use of the website thereafter.

Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

7. Termination

7.1 Termination by Us

We may terminate or suspend your account and access to the website immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

7.2 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature if available.

7.3 Effect of Termination

Upon termination, your right to use the website will immediately cease. The following provisions of these Terms will survive termination: Intellectual Property Rights, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

8. Governing Law and Dispute Resolution

8.1 Governing Law

These Terms and your use of the website are governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

8.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or your use of the website shall be resolved through the following process:

Informal Resolution: We encourage you to contact us first to seek an informal resolution to any disputes.
Mediation: If informal resolution is unsuccessful, the parties agree to submit the dispute to mediation in accordance with the rules of the Centre for Effective Dispute Resolution (CEDR).
Arbitration: If mediation is unsuccessful, the dispute shall be finally resolved by binding arbitration in accordance with the rules of the London Court of International Arbitration.

8.3 Class Action Waiver

You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. You agree not to seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

8.4 Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

9. General Provisions

9.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Open Conduit regarding your use of the website and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.

9.2 Waiver

No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

9.3 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

9.4 Assignment

You may not assign these Terms or any rights or obligations hereunder without our prior written consent, and any attempted assignment in violation of this provision is null and void. We may assign these Terms and any of our rights or obligations hereunder without your consent.

9.5 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemics, pandemics, or shortages of transportation facilities, fuel, energy, labor, or materials.

10. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Open Conduit
3 Anderson Bridge
Port Jasmine
SP3 6WD
United Kingdom

Email: [email protected]

Phone: +44 6130 725920