Terms and Conditions of Use:
www.oliviva.com (the “Website”) is owned and operated by The Olive Trail, at 21, shapway Road, Evercreech, Shepton Mallet, Somerset, BA4 JT, UK.
The terms “we”, “our” and “us” when used in these Terms means The Olive Trail (“TOT”). The terms “you”, “your” and “yours” when used in these Terms means you as a user of the Website.
1. USE OF THE WEBSITE
1.1 Please read the following terms and conditions (the “Terms”) carefully before using the Website. These Terms form the agreement between you and us and govern your use of the Website. If you buy a product from the Website, the Terms and Conditions of Sale shall govern the purchase. In the event of any conflict or inconsistency between these Terms and the Terms and Conditions of Sale, the Terms and Conditions of Sale shall apply.
1.2 By using the Website, you signify your agreement to be bound by these Terms. If you do not agree to accept these Terms, you should not use the Website.
1.3 We reserve the right to change these Terms at any time and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Website after such changes are posted will be deemed agreement on your part to these Terms, as amended.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 Copyright, database right and all intellectual property rights in the content of the Website are either owned by or are licensed to TOT. Except as specifically provided in clause 2.2, no part of this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed, in any form.
2.2 You are granted a limited licence to access and use the Website and to download and print one copy of any portion of the Website to which you have properly gained access. Except as set out in this clause 2.2, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without TOT’s prior written permission.
2.3 All trade marks and logos shown on the Website are either owned by TOT or a third party. No rights are granted to use any trade marks or logos which appear on this Website other than as expressly set out in clause 2.2 above. For the avoidance of doubt, you may not use any meta tags or any other hidden text utilising TOT’s trade marks without our prior written permission.
2.4 Under no circumstances shall the use of this Website grant to any user any interest in the content of the Website or in any intellectual property rights of TOT whatsoever.
3. MISUSE OF THE WEBSITE
3.1 You must not alter, add to, delete, remove or tamper with this Website or any part of it or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter this Website. You must not misuse this Website by knowingly introducing viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Website, the server on which this Website is stored or any server, computer or database connected to this Website.
3.2 By breaching clause 3.1, you could commit a criminal offence under the Computer Misuse Act 1990. We may 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 access and use our Website will cease immediately.
3.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it. We recommend that you take measures to protect the security of your computer including installing anti-virus software on to your computer.
3.4 You must not access the Website for unlawful use, including use which would constitute a criminal offence under English law. You hereby agree to on demand indemnify and keep indemnified TOT for any costs, claims, liabilities, fines, expenses, demands, proceedings and losses whatsoever made against or incurred by TOT as a direct or indirect result of your breach of this clause 3.4.
4. INFORMATION ON THE WEBSITE
4.1 Any material posted on the Website is provided on an “as is” basis. It is not intended to amount to advice and is not intended to diagnose or treat a health problem or disease. If you have a health problem or suspect you have a health problem we recommend that you consult your professional health advisers.
4.2 Whilst we reserve the right to change the content of the Website at any time, material on the Website may be out of date from time to time and we are under no obligation to update such material.
4.3 We make no representation that material on the Website is appropriate for use or available outside England. If you access the Website from outside England, you are solely responsible for compliance with any applicable local law or practice.
5.1 From time to time, this Website may contain links to other websites which we consider may be of interest or helpful to you. These links are provided for your convenience only and TOT has no control over nor is in any way responsible for the content or availability of such websites. TOT therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
5.2 You may not link to this Website from any other website without our prior written permission. Permission for such linking may be requested by sending your name, address, website URL and details of the nature of the website to firstname.lastname@example.org.
6.1 TOT shall not be liable to you in respect of any goods or services that are advertised or promoted on the Website by any other suppliers and you should make your own inquiries to ensure that the goods and services offered by those suppliers are suitable for your purposes, are (as the case may be) of satisfactory quality or provided with reasonable skill and care and that you have read and agreed any terms of business under which those goods and services are supplied.
7. ACCESS TO THE WEBSITE
7.1 You are responsible for making all arrangements necessary for you to have access to the Website.
7.2 Access to the Website is permitted on a temporary basis. We reserve the right to terminate your access to the Website or any part of it, without notice, for any reason (including without limitation any breach of these Terms). From time to time, we may restrict access to some parts of our Website or to our entire Website.
7.3 While TOT endeavours to ensure that the Website is normally available 24 hours a day, TOT shall not be liable if for any reason the Website is unavailable at any time or for any period.
8. LIMITATION OF LIABILITY AND DISCLAIMER
8.1 TOT is providing the Website on an “as is” and “as available” basis and to the fullest extent permissible by law makes no (and expressly excludes all) warranties that the Website will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error or that it will be free from viruses, worms, trojan horses or other harmful elements. No content or information obtained by you from the Website, whether written or oral, will create any warranty or other obligation not expressly stated in these Terms.
(a) TOT’s limitation of liability in respect consumer users
8.2 If you are using this Website as a consumer, and not as a business user, then clauses 8.2 to 8.4 shall apply. We shall not be liable to you for any loss or damage which is not a reasonably foreseeable result of your use of, or inability to use, the Website including but not limited to:
8.2.1 loss incurred by any third party;
8.2.2 loss of income or revenue; or
8.2.3 loss of profits.
8.3 In the event that TOT are held liable by a court of competent jurisdiction, for any loss you suffer as a result of your use of, or inability to use, the Website, TOT’s maximum liability to you will be limited to £100.
8.4 Nothing in these Terms shall exclude or restrict any liability for death or personal injury arising from the negligence of TOT or for any liability which cannot be excluded or limited by law.
(b) TOT’s limitation of liability in respect of business users
8.5 If you are using this Website as a business user, then clauses 8.5 to 8.7 shall apply. You expressly acknowledge and agree that:
8.5.1 in no event will TOT, its officers, directors, employees or agents be liable to you in contract, tort (including negligence and breach of statutory duty) or otherwise for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TOT has been advised of the possibility of such damages) resulting from:
(a) the use or the inability to use the Website;
(b) the cost of obtaining substitute goods and/or services resulting from any data, information or service obtained or messages received or transactions entered into through or from the Website;
(c) unauthorised access to or alteration of your transmission or data;
(d) statements or conduct of any third party that uses the Website; or
(e) any other matter relating to the Website.
8.6 In the event that TOT are held liable by a court of competent jurisdiction, for any loss you suffer as a result of your use of, or inability to use, the Website, TOT’s maximum liability to you will be limited to £100.
8.7 Nothing in these Terms shall exclude or restrict any liability for death or personal injury arising from the negligence of TOT or for any liability which cannot be excluded or limited by law.
9. GOVERNING LAW AND JURISDICTION
9.1 These Terms and your use of the Website shall be governed by and construed in accordance with the laws of England. By using the Website, you accept that any dispute under these Terms or arising out of the use of the Website (including non-contractual claims or disputes) shall be subject to the exclusive jurisdiction of the English courts to which you submit.
9.2 You are responsible for complying with any applicable laws of the country from which you are accessing the Website.
11.1 If for any reason any part of these Terms is deemed to be unenforceable, then this part of the Terms will be severed and this will not affect the validity or enforceability of the remaining terms.
11.2 Any waiver by TOT of a breach of any provision of these Terms shall not be deemed to be a waiver of any subsequent breach of any provision.
12. FURTHER INFORMATION
Further information on these Terms or any queries on them can be obtained from The Olive Trail at:21 Shapway Road, Evercreech, Shepton Mallet, Somerset, BA4 6JT, United Kingdom
Telephone: +44 1749 344925 Email: info at theolivetrail.co.uk.