Terms and conditions
Welcome to octagon-uk.com (the “Site”). This Site is owned and operated by Octagon*.
Your use of this Site is subject to the following terms and conditions. Your continuing access to and use of the Site indicates your acknowledgment of and agreement to be bound by the terms and conditions in force at that time. Other Octagon group websites may operate under different terms and conditions. Please check the terms and conditions of each Octagon website that you visit.
1. Permitted Use
1.1 Subject to what is said below, material from the Site may be read, cached, viewed, listened to (where appropriate) or printed for your own personal, non-commercial purposes as a personal information resource in good faith ONLY. Any other type of use requires the prior written agreement of Octagon.
1.2 You agree that you will not use the Site:
(a) for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
(b) in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
(c) for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation;
(d) for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
(e) to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site;
(f) to transmit or re-circulate any material obtained from the Site to any third party;
(g) for gaining unauthorised access to our computer systems or those our suppliers;
(h) in any manner which could damage, disable, overburden or impair the Site;
(i) in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms;
(j) to make available personal data about any person other than yourself;
(k) to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site;
(l) to impersonate any other person or entity or to provide inaccurate information;
(m) to recopy or further distribute, sell, publish or transmit any part of the material by electronic or other means;
(n) to sell, resell, supply, or otherwise make the content contained on the Site or extracts or other information derived therefrom available in any manner or on any media to any third party without Octagon’s prior written consent; or
(o) in any way that might bring Octagon, any of its group companies, directors, employees, representatives and/or clients into disrepute.
2. Removal of Material and cancellation of Access to the Site
2.1 Octagon shall have the right to refuse access to the Site or any pages of it at any time and for any reason without giving you any advance notice and Octagon shall not be liable for any losses or damages arising from your inability to access the Site or pages on it.
2.2 Octagon shall have the right at any time and for any reason to remove pages or material therefrom from the Site without giving you any advance notice and Octagon shall not be liable for any losses or damages arising from the removal of such material.
3. Accuracy and Availability
3.1 Octagon is providing this Site on an “as is” or “as available” basis. Whilst every effort has been taken to ensure the accuracy of the material provided on this Site it is provided for information purposes only without any representation or endorsements made and without any warranty, in each case whether express or implied in respect of the Site or its contents. Despite our efforts, it may not be accurate, up-to-date or applicable to the circumstances of any particular case. We cannot accept any liability for any inaccuracies or omissions. It is the responsibility of users to check the accuracy of relevant facts and opinions given on the Site before entering into any commitment based upon them.
3.2 Octagon cannot guarantee that your use of the Site will be free from error and/or uninterrupted. Additionally, access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new functionality or services.
4.1 Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Octagon is not responsible for the content of these Internet sites and linking to or from this Site should not be taken as endorsement of any linked websites. We have no control over the availability of linked pages.
4.2 No links from external websites to this Site are permitted and you may not frame this Site without the prior written consent of Octagon.
Whilst effort has been taken to ensure that the Site and each page of it and the material contained therein is free from viruses, worms, trojan horses or other destructive codes, malware or spyware, Octagon gives no warranties that this is indeed the case. Users are responsible for implementing adequate safeguards to protect their computer systems and data.
7. Intellectual Property
7.1 The Octagon name and logo are registered trade marks of the wider Octagon group used under license. All other trade marks, product names, company names, images and logos used on this Site are the property of Octagon, its wider group and other associated companies and/or may be the proprietary marks of third parties (“Proprietary Marks”). No permission or licence express or implied is hereby granted concerning the use of any Proprietary Marks. Any use made of these Proprietary Marks may be an infringement of those Proprietary Marks and Octagon reserves all rights to enforce such rights that it might have in respect of any of its, its associated companies’ or its clients’ Proprietary Marks.
7.2 All copyright, design, performance, database and other rights (including but not limited to intellectual property rights) in the Site and the contents of it are owned by Octagon or third parties. All rights reserved. Except where indicated to the contrary you may not reproduce, modify, copy, make available, or distribute or otherwise use any of the materials or content on this Site without the written permission from either Octagon or the owner of the relevant rights. It is your responsibility to obtain all licences, permissions and/or waivers that may be required to use such material. Any unauthorised use made of such materials or content may amount to an infringement of the rights in the material or content concerned.
8. Liability and Indemnity
8.1 Octagon, its directors, employees and representatives exclude all liability howsoever arising in contract, tort (including negligence) or otherwise for any loss including, but not limited to, indirect or consequential loss, loss of: opportunity; chance; use; data, or profits, incurred directly or indirectly by you arising out of, or in connection with, your or third parties access to, use of, or the non-availability of, the Site or any content, material of information contained on or within or linked to the Site.
8.2 Without limitation to the foregoing, Octagon excludes all liability and responsibility for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material: (i) transmitted with or as part of the Site or any pages on it; or (ii) downloaded or copied from the Site.
8.3 The limitations and exclusions of liability set out in these terms shall apply to the fullest extent permissible by law. Nothing in these terms seeks to exclude or limit Octagon’s liability for death or physical injury arising out of the negligence of Octagon or for any fraudulent misrepresentation.
8.4 You hereby indemnify Octagon and its component group companies and shall keep each of them indemnified against all losses, liabilities, costs and expenses suffered or incurred by them as a result of any breach by you of these terms and conditions and/or applicable law.
The information, material and content provided via this Site may be changed at any time without notice. Octagon also reserves the right to amend or vary these terms and conditions at any time. Any change or variation in these terms and conditions will be noted by means of a suitable announcement on the Site. You will be deemed to have accepted a variation if you continue to use the Site after any changes take effect.
If any of these terms are held by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under any enactment or rule of law that term or part thereof shall be deemed not to form part of these terms and the enforceability and validity of the remainder of these terms shall not be affected.
11. Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from your use of the Site shall be subject to the exclusive jurisdiction of the courts of England and Wales.
* Octagon Worldwide Limited
Registered Office: Ground Floor, 84 Eccleston Square, London SW1V 1PX
Registered in England: No 2704128