This website (hereinafter referred to as “Website”) is owned by Ollo Technologies Inc LLC (“OLLO”), a company incorporated under the laws of the United States of America (USA) (hereinafter referred to as “Company”, “we”, “us” or “our”).
This Website and the Contents (defined below) are provided and displayed solely for the purpose of promoting our products (the “Products”). We reserve the right to make any changes to the Contents (including all our Products) in this Website at any time at our sole discretion and without further notice.
This Agreement (the terms and conditions of which are set out below) shall govern your (hereinafter shall also be referred to as “you” or “Customer”) use of this Website as well as all provision of our Products made available to you in this Website. Your participation therein is subject to your acceptance of the terms and conditions contained in this Agreement.
In order for you to enter into this Agreement, you represent to us that you have the legal capacity and authority to act for yourself or on behalf of any party which you represent. Upon entering into this Agreement with us, you agree to supervise any usage and be responsible for all acts of any person or party who use your computer to access this Website.
Please check and read this Agreement and if you do not agree to these terms and conditions, please do not access or use this Website in any way.
1.1 The words “hereof”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement.
1.2 The words “include”, “including” and “among other things” shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of similar import.
1.3 he headings are for convenience only and shall not affect the interpretation hereof.
1.4 Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa and references to persons shall include bodies incorporate or unincorporated, and vice versa.
1.5 Where a word or expression is defined or the construction of any word or expression is addressed, any grammatical variation of such defined word or expression shall be construed accordingly.
2.1 The materials located on this Website, including all information, photographs, audio and video clips, graphical elements, forms, diagrams, text, computer animation, music, lyrics, sound effects, visual effects and software programs available on or through this Website (collectively the “Contents”), are protected by copyright, trademark or other proprietary rights. All rights, title and interest in and to the Contents are owned, licensed to or controlled by us or third parties.
2.2 Except as otherwise indicated with respect to a particular Content, you may only download or print a copy of portions of the Contents for your own personal, educational and non-commercial use. You may not copy, store, either in hardcopy or in an electronic retrieval system, transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, license, rent, lease or otherwise transfer any of the Contents to any third person whether for direct commercial or monetary gain or otherwise without our prior written permission. No right, title, or interest in any of the Contents is transferred to you by your access to this site. We, or the third party that provided the Contents, retain all right, title, and interest in anything that you print or download. We reserve the right to take any legal or other action as we may deem appropriate against any party(ies) for any unauthorized use (including use for commercial benefit) of the Contents.
2.3 Any rights not expressly granted herein to you are fully reserved.
2.4 We welcome your comments and suggestions. Please note however that any comments, suggestions, ideas, materials, information, or other content that you submit to the Website (“Submissions”) shall not be regarded as confidential or proprietary. By making a Submission, you shall be deemed to have granted (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable and non-exclusive world-wide right to use, edit, modify, adapt, copy, publish, reproduce, distribute, translate, create derivative works from them and distribute such Submissions, or incorporate such Submissions into any form, format, medium or technology now known or later developed as we may deem fit. You warrant and represent to us that you are authorized to grant all those rights set out in the foregoing sentence. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submissions. In addition, you shall also be deemed to waive all moral rights in those Submissions. As we do not monitor, review, screen or edit Submissions posted by you, you are responsible for all Submissions posted by you or by any other person using your computer.
3. OTHER RESTRICTIONS ON USE OF Website
You may not (and may not authorize any other party to) use the Website for any other purpose than expressly permitted without our express prior written consent, including without limitation, using the Website for the purpose of (1) co-branding the Website, (2) framing the Website, or (3) hyper-linking to the Website. For purposes of this Agreement, the term “co-brand” means to display the name, logo, trademark, symbol, or other means of attribution or identification of another party in a manner that may give users the impression that such other party has the right to display, publish, or distribute this site or any of the Contents accessible within the Website. You agree to cooperate with us to bring any unauthorized co-branding, framing, or hyper-linking to an immediate stop.
4.1.1 Our policy is to respect and protect the privacy of persons who use our Website. We have instituted strict policies intended to ensure that your personal information (i.e. information which identifies and is personal to you such as name, address, email, telephone number etc.) is protected:
a) Software used. To protect the security of your information during transmission, we use Secure Sockets Layer (SSL) software, which encrypts information you input.
4.1.2 No data transmission over the Internet can be guaranteed to be 100% secure. As a result, whilst we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you acknowledge and agree that you do so at your own risk.
4.2 What Information We Collect
4.2.1 We may collect information about you to improve the Contents of our Website and in our online Products for marketing, promotional, and other reasonable commercial purposes. Such data may include items searched for, name and address (to fulfill an order placed), e-mail address, items stored in a wanted item list, buying and searching patterns, gift registries, any reviews submitted and accompanying information, credit card information supplied, shipping information, and financial information, which may include Social Security numbers and Drivers License numbers. This list is not exclusive, and may be altered without notice based on information that you supply voluntarily.
4.2.2 We may use small text files called cookies to improve overall experience on the Website. A cookie is a piece of data stored on the user ‘™s hard drive containing information about the user. Cookies generally do not permit us to personally identify you. All Web browsers have the ability to accept cookies, reject cookies, or to prompt the user before accepting them. The help portion of the toolbar of you browser will tell you how to select the option that suits you best. However, accepting cookies allows you to take full advantage of some of the best and most advanced features that we have to offer.
4.2.3 We communicate and make special offers available via email. To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from us.
4.2.4 We do not collect personal information about you unless you provide it voluntarily. We will not require disclosure of more information than is reasonably necessary for participation in our Website or purchase of any of our online Products.
4.3 How We Use Your Information
4.3.1 We do not sell or share any personal information or our database. We have strict policies and procedures to ensure that these are not disclosed to unauthorized persons.
4.3.2 Notwithstanding Clause 4.3.1 above:-
(a) we reserve the right to disclose your personal information if required to do so by law, or if disclosure is reasonably necessary to comply with legal process, respond to claims or to protect the rights, property or safety of our company, its employees, other Customers or the public.
(b) we co-operate with law enforcement authorities and other third parties to enforce law, intellectual property and other rights, and we reserve the rights to report any information related to suspicion of illegal activity to law enforcement authorities for prosecution. We also reserve the right to release personal information about a user of our Website whom we reasonably believe is in violation of the law or to be in breach of this Agreement.
(d) we may employ other companies and individuals to perform functions on our behalf, due to the nature of our operation (“Agents”). Agents are used to assist with fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. These Agents have access to only the personal information needed to perform their functions, and may not use it for other unauthorised purposes.
(e) information about our Customers, including personal information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, (as well as in the unlikely event of an insolvency or receivership) in which personal information could be transferred to third parties as one of OLLO’s business assets.
(f) we may also use aggregate information that does not identify you personally, or share aggregate information about our users with advertisers, business partners, sponsors and other third parties.
4.4 Information You Can Access
4.4.1 You can also correct information about you that we collect and process pursuant to Clause 4.3 by sending us a written request at email@example.com or at the following postal address:
Ollo Technologies Inc LLC
5450 Bruce B. Downs Blvd #310
Wesley Chapel, FL 33544, USA
4.5 Links to Other Websites
4.6 Aggregate Information
The Website may track the total number of visitors to our Website, the number of visitors to each page of our Website, browser type, IP addresses, External Websites linked to, and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer the Website, track users’ movement, and gather broad demographic information for aggregate use.
We do not sell products for purchase by children. We do sell childrens products, but only for purchase by adults. If you are under 18, you may use this website only with the involvement of a parent or guardian.
You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with our system ‘s resources or accounts. The use or distribution of tools designed for compromising security or collecting information (e.g., password guessing programs, cracking tools, spiders, or other network probing tools) in connection with this Website is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving or preventing security incidents. We reserve the right to investigate any and all suspected violations of this Agreement and to take any and all necessary or appropriate actions to remedy such violations, as we may determine in our sole discretion.
7. GLOBAL REACH
7.1 While the reach of the Internet is global, some or all of our products and services may not be available in some countries because of differences in applicable laws and regulations. For that reason, this site may contain references to OLLO products or services that are not available in your country. We make no representation, express or implied, that any such products or services will hereafter be made available in your country.
7.2 You may direct inquiries regarding the availability of products to Ollo Technologies Inc LLC, 5450 Bruce B. Downs Blvd #310, Wesley Chapel, FL 33544, USA, Tel: +1 510 541 5571 or email to firstname.lastname@example.org
8. Your obligations
You agree that your obligations shall include the following:-
(a) that you shall be responsible at your own cost to ensure that you have the requisite minimum hardware and software requirements and configurations (including all facilities, resources, power points, electricity, conduits, pipes, access, license or easement) in order to properly access and use the Website and purchase our Products online;
(b) that you shall comply with all notices, instructions and directions given by us in respect of the use of this Website;
(c) that you shall be responsible at your own cost for obtaining all licenses, permits, approvals and intellectual property rights or other rights required for your use of this Website;
(d) comply with the rules of any network through which you access the Website;
(e) that you are solely responsible for all the Contents and information retrieved, stored or transmitted through this Website by you;
(f) that you shall, in accessing and using this Website, comply fully with all relevant laws and regulations to which you are subjected; and
(g) that you shall not use the Website for any unlawful purposes.
9. No warranties / Disclaimers
9.1 As to the Website and Our Products
9.1.1 Due to the inherent defects of electronic products distribution, there may be delays, omissions or inaccuracies in the Contents, and although we endeavour to ensure that the Contents are accurate, correct and complete, they are provided to you on an “as is ” basis and without warranties of any kind.
9.1.2 We do not make any representations and hereby disclaim with respect to this Website, its Contents and all online Products accessible through this Website (including their use by you) all express, implied and statutory warranties of any kind to you or any third party, including, but not limited to, representations and warranties regarding accuracy, timeliness, reliability, completeness, currentness, non-infringement of intellectual property or other rights, merchantability or satisfactory quality, or fitness for any particular purpose, or any representations or warranties arising from usage or custom or trade or by operation of law. We assume no responsibility for the consequences of any errors or omissions. You acknowledge and agree that any reliance you place on the Website, its Contents and the Products shall be at your own risk.
9.1.3 You understand and agree that any Contents or data downloaded or otherwise obtained through the use of this Website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such Contents or data.
9.1.4 We do not warrant that this Website will be provided on an uninterrupted basis or is secure or error-free or that all defects (if any) will be corrected.
9.1.5 We do not warrant or make any representations regarding the use or the results of the use of the Contents or any of the online Products accessible through this Website.
9.1.6 Although we intend to take commercially reasonable steps to prevent the introduction of viruses, worms, “Trojan Horses ” or other destructive materials, we cannot and do not guarantee or warrant that this Website or the server that makes it available or Contents that may be downloaded from the Website do not contain such destructive features. We shall not be liable for any loss, damage or harm attributable to such features.
9.1.7 We may, but shall not be obliged to, perform any system backups on Contents or information stored within the server serving this Website. We shall not be responsible nor be under any obligation to provide historical data or to assist you in downloading, faxing or reading to you any of your information or Content which you have posted on the Website.
9.1.8 You agree that your participation in the activities of this Website (or subordinate websites) is entirely at your own risk. Apart from any warranty expressly made by us in this Agreement, no information of any nature and in whatever form which you have obtained from us, our related companies and affiliates and licensors, our/their officers, directors and employees shall create any other warranty.
9.2 As to Third Party Websites
9.2.1 We explicitly disclaim any responsibility for the accuracy, content or availability of information found on sites that link to or from this Website. Since some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality or decency of materials or content contained in third party websites, and you hereby irrevocably waive any claim against us with respect to such websites.
9.2.2 We cannot ensure that you will be satisfied with any products that you purchase from a third party website that links to or from this Website. We do not make any representations or warranties as to the security or any information (including without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
10. LIMITATION OF LIABILITY
10.1 We shall not be liable to you or anyone else for any direct, indirect, incidental, special, punitive or consequential damages: (a) arising out of or in connection with any interruption, suspension or termination of this Website, or the use or inability to use this Website or Contents; (b) resulting from any messages received or transactions entered into other than with us through this Website; (c) resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to damages for loss of profits, use, data or other intangibles; even if, in each case, we have been advised of the possibility of such damages.
10.2 We shall not be liable to you for: (a) any psychological setbacks arising from the provision of any Products or from your use of any Products accessible through this Website; (b) any act, omission, message, comment of or made by other Customer or users of this Website; and (c) any physical injury or any side-effects arising from the use of your computer system in the purchase of our Products accessible through this Website.
10.3 In no event shall we be liable to you or to anyone else for any loss or injury caused in whole or in part by contingencies beyond our control or negligence in procuring, compiling, interpreting, editing, writing or delivering of any Contents.
10.4 In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the cost paid by you for the online purchases by you through this Website and provided that under no circumstances shall the total liability exceed the total price paid for the purchase of any Products under this Agreement.
You agree to indemnify and keep us, our related companies and affiliates and licensors, our/their officers, directors and employees (each and collectively the “Indemnitees “) indemnified from and against any claim, demand, actions, proceedings, liability, losses (whether direct, indirect or consequential), damages (whether in tort, contract or otherwise) costs and expenses (including legal costs on a full indemnity basis) whatsoever (including claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorized or illegal access to computers, hacking, property damage or pecuniary losses howsoever arising) which the Indemnitees may sustain, incur, suffer or pay arising out of or in connection with: (a) your use of this Website; (b) any breach by you of any provisions of this Agreement; (c) any act, omission or default by you; (d) your infringement of any intellectual property or other rights; (e) any use or alleged use of your account or Password by any person whether or not authorized by you; or (f) any publication, distribution or redistribution related to any materials posted by you or the use of such materials by any person, including liability resulting from any virus, work, “Trojan Horse ” or other contaminating or destructive feature of such materials.
All of the product names, trade names, slogans, logos, and other trademarks and service marks (collectively “Marks “) appearing in this site are the property of OLLO, unless otherwise noted. We retain any and all rights in our Marks, and you may not use any of those Marks without our prior written authorization, except for the sole purpose of properly identifying products or services originating from us. In such case, however, you may not state or imply in any way that you are authorized or sponsored by, or affiliated or otherwise connected with, us without our express prior written consent.
13. AMENDMENTS TO AGREEMENT
We reserve the right to amend, revise or supplement, at our discretion, this Agreement at any time and from time to time and you shall be deemed to be aware of and be bound by all such changes upon publication on this Website. Any amendment, revision or supplement shall become effective immediately upon being posted at the Website unless otherwise provided in such amendment, revision or supplement. Please check this area before you use the Website to determine if any change has been made to the terms and conditions of this Agreement. If you do not agree to any of such changes as they may occur, please arrange to terminate your registration with us immediately by (i) notifying us via email of your unwillingness to accept the said changes, and (ii) by discontinuing your use of this Website. Your continued use of this Website will signify your acceptance of any change in the terms and conditions of this Agreement.
14. Changes to the Website
We reserve the right to modify or discontinue this Website or any Products with or without prior notice to you and without any liability whatsoever to you or any third party.
15. Governing law and Arbitration
15.1 This Agreement shall be governed by and construed in accordance with the laws of the USA, without giving effect to any principles of conflicts of laws.
15.2 Any dispute arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination) which cannot be resolved by amicable settlement between you and us shall be referred to and finally resolved by arbitration in USA in accordance with the Rules of the USA International Arbitration Centre ( “SIAC “) for the time being in force which rules are deemed to be incorporated by reference to this clause. The arbitration shall be conducted by a single arbitrator appointed by the Chairman of the SIAC and such appointment shall be binding on the parties. The language of the arbitration shall be English. Any award made hereunder shall be final and binding and may be used as a basis for enforcement thereof in USA or elsewhere.
Neither this Agreement, nor any rights or obligations hereunder, may be assigned, mortgaged, charged or otherwise transferred by you without our prior consent.
17. Force Majeure
17.1 We shall have no liability nor be deemed to be in breach of this Agreement, or be liable for any failure to perform or any delay in the performance of our obligations under this Agreement to the extent that such non-performance or delay is due to any event beyond our reasonable control. In any of such events we shall for the duration of such event be relieved of such obligations under this Agreement as is affected by the said event Provided That this Agreement shall remain in force with regard to all other obligations under this Agreement which are not affected by such event And Provided Further That the parties shall resume their full obligations under this Agreement upon the cessation of such event.
17.2 Our obligations hereunder shall be suspended during the time and to the extent that we are prevented from complying therewith by any such force majeure event. We shall give you notice thereof, specifying the nature and details of such event and the probable extent of the delay.
17.3 We shall be entitled to terminate this Agreement by notice to you if such any such force majeure event prevents our performance of this Agreement for more than ninety (90) consecutive calendar days.
18. INTELLECTUAL PROPERTY RIGHTS
Any patent, copyright or other intellectual property rights owned by OLLO shall remain those of the OLLO. Any information obtained by the Customer from OLLO which is identified as confidential and/or proprietary or is confidential and/or proprietary in nature, may not be disclosed to any third party without the prior written approval of OLLO. All other product or service names mentioned herein are the marks of their respective owners.
19.1.1 Any notice or other communication given or made under this Agreement shall be in writing and may be sent by electronic mail or by facsimile transmission or by prepaid registered letter (airmail if overseas), addressed as follows:
(a) if to us, at our mailing address and numbers as set out in this Website;
(b) if to you, at your mailing address and numbers as provided by you in your registration form submitted to us;
or to such other address, facsimile transmission number or email as the relevant addressee may substitute in the future by a notice that complies with this sub-Clause.
19.1.2 Any such notice or other communication shall be deemed to have been duly served, given or made (i) in the case of posting, (if within USA) two (2) calendar days (or if overseas, five (5) calendar days) after the envelope containing it was posted and proof that the envelope was properly addressed, prepaid, registered and posted shall be sufficient evidence that such notice or other communication has been duly served, given or made; or (ii) in the case of a facsimile transmission, upon receipt of a confirmed transmission report; or (iii) in the case of an electronic mail transmission, upon successful completion of its transmission Provided That a hard copy of such notice or communication is also sent to the addressee by any of the other methods of service herein within the next twenty (24) hours.
19.2 Entire Agreement
This Agreement embodies and sets out the entire understanding between you and us relating to its subject matter and supersedes all prior or contemporaneous, representations, agreements, arrangements or understandings, either oral or written, between you and us relating to such subject matter.
19.3.1 No failure or delay on the part of any party to exercise any right, power or privilege under this Agreement shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude the exercise of such right, power or privilege.
19.3.2 In the event that any party shall expressly waive any breach, default or omission hereunder, no such waiver shall apply to, or operate as, a waiver of similar breaches, defaults of omission or be deemed a waiver of any breach or omission hereunder.
19.4 Invalid Clauses
If any one or more of the provisions contained in this Agreement shall be invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
19.5 Relationship of Parties
Neither party hereto shall act or describe itself as the agent of the other, nor shall it make or represent that it has authority to make any commitments on the other ‘s behalf. The parties acknowledge and agree that this Agreement shall not constitute, create or give effect to or otherwise notify any partnership, joint venture, agency, pooling arrangement or other formal business organization of any kind between the parties hereto.
19.6 Third Parties
Nothing in this Agreement shall be considered or construed as conferring any right or benefit on a person who is not a party to this Agreement, and the parties do no intend that any term of this Agreement should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act (Cap 53B) of USA, by any person who is not a party.
WEBSITE CODE OF CONDUCT
This Website Code of Conduct shall be read, taken and construed as an integral part of the Agreement. Any non-compliance or breach of this Code of Conduct is a non-compliance or breach of the Agreement, whereupon we are entitled, at our discretion, to either suspend your account or terminate this Agreement.
By accessing and using this Website or by participating in any of this Website ‘s purchases, you shall be deemed to agree to the following:-
(a) You agree not to impersonate any other person or entity, whether actual or fictitious.
(b) You are solely responsible for any statements that are posted using your computer.
(c) You shall not upload to, distribute through or otherwise publish through this Website any content that is defamatory, obscene, pornographic, sexually oriented, vulgar, offensive (racially or otherwise), profane, threatening, invasive of privacy, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offence give rise to civil liability, violate the rights of any party or, otherwise give rise to liability or violate any law. We reserve the right to determine what is inappropriate for posting on this Website.
(d) You shall only post another party ‘s materials if you have first obtained appropriate copyright or other permission to upload such materials and to permit downloading by other users for personal, educational, non-commercial use. You shall not violate, plagiarize or infringe on the rights of third parties.
(e) You shall not distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, solicitation of goods, products or membership.
(f) You shall not post on the Website any corrupted files, files that contain viruses or other destructive features, or any software or programs that may corrupt or damage another party ‘s computer or computer system.
(g) You shall not post on the Website chain letters, junk mail, pyramid schemes, surveys, contests, charity or donation requests or petitions for signatures.
(h) You shall not spam (we define “spam ” as the sending of messages, individually or en masse, to persons who did not request it and/or would not otherwise choose to receive it regardless of whether sent by a business, individual or a non-profit body.)
(i) You shall not interfere with, restrict or inhibit other users of this Website. You shall not attack our computer system or the Website nor create or cause a situation whereby other users affected in their enjoyment of use of the Website.
Any use by you of another Customer ‘s information, personal or otherwise, for any commercial purpose or to obtain any financial gain is strictly prohibited. Commercial use by you of any Contents on this Website are strictly prohibited.
We have no obligation to monitor or control this Website. However, we reserve the right to take such action as we deem appropriate or necessary to comply with applicable relevant laws and regulations, or to edit, refuse to post, or remove any information, in whole or in part, for any reason, at our discretion.