1. Copyright Licence/ Trademarks
1.1 All Website content is protected by copyright of OPTIMA or other owner.
1.2 Except as stated in these Terms OPTIMA grants and you accept a non-exclusive, non-transferable licence to access and use the Website for own personal use/ internal business purposes.
1.3 You agree to fully indemnify OPTIMA against any claim brought by a third party resulting from your use of the Website in respect of all losses, costs, actions, claims, expenses or liabilities suffered by OPTIMA due to your breach of any of these Terms.
1.4 By uploading, publishing or otherwise transmitting content to OPTIMA, you automatically grant OPTIMA a perpetual, royalty-free license to use, adapt, transmit and distribute the content in any form or medium. You warrant that all moral rights in the content have been waived.
1.5 The trademarks, logos, and service marks (“Marks”) displayed on this Website belong to FccF or other third party affiliates. You are not permitted to use the Marks without the prior written consent of OPTIMA or the affiliate.
1.6 OPTIMA reserves the right to revoke your licence to use this Website at any time, and the licence will be discontinued immediately upon written notice from OPTIMA.
2. Restrictions Upon Copying
2.1 You may copy Website content to a local hard disk and print extracts of Website content for your own personal use/ internal business purposes.
2.2 Copying of Website content is permitted only in accordance with these Terms. You may not otherwise copy, reproduce, distribute, edit or amend Website content or otherwise incorporate Website content into any other publication or work in any form of media. The supply of any copy of Website content to a third party, other than attributed extracts of not more than 50 words, is not permitted without written consent from FccF.
3. Information Service Provision
3.1 OPTIMA reserves the right at its discretion to refuse you access to the Website.
3.2 OPTIMA will not be liable for any failure to achieve availability of the Website at all times.
3.3 The Website may be suspended temporarily and without notice in circumstances of system failure, maintenance or repair and for other reasons beyond the control of OPTIMA.
4. Obligations and Restrictions
4.1 You will use adequate communication hardware and software and any other facilities required for accessing the Website and OPTIMA will not be liable for any loss arising from acts or omissions of you or of any service provider in obtaining access to the Website.
4.2 OPTIMA will make all reasonable attempts to exclude viruses (and similar destructive devices) from the Website but cannot guarantee exclusion and you should take appropriate risk avoidance steps.
4.3 You will keep strictly confidential any password(s) or username(s) allocated to you . You are fully responsible for all activities that occur under your password(s) and will notify OPTIMA immediately of any unauthorised use of your password(s).
4.4 Your use of and activities upon the Website must not:
4.4.1 be false, inaccurate or misleading;
4.4.2 be offensive or menacing, abusive or defamatory;
4.4.3 infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
4.4.4 be fraudulent;
4.4.5 be in breach of any applicable laws or regulations, licences or third party rights;
4.4.6 be obscene, indecent or contain child pornography;
4.4.7 constitute unsolicited bulk e-mail, “junk mail,” “spam” or chain letters;
4.4.8 cause OPTIMA to lose (in whole or in part) the services of any partner, internet service provider or other supplier;
4.4.9 interfere in any way with the proper working of the Website and in particular you must not circumvent security, tamper with, hack into or disrupt the operation of the Website or surreptitiously intercept, access without authority or expropriate any system, data or personal information as defined in the Data Protection Act 1998;
4.4.10 cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
4.5 Except where expressly authorised by OPTIMA, you agree not to collect or store personal data about other users.
5. Updating Website Information
5.1 Website information (including without limitation database information, these Terms and the OPTIMA Data Protection Statement) may be updated at any time and you are required to read the current information each time you access the Website.
6.1 Website information is provided for general information purposes only and does not constitute bespoke advice that is suitable for any individual or organisation. It is a fundamental requirement of your use of the Website that you are responsible for checking the accuracy of information before taking or refraining from any action based upon it.
6.2 OPTIMA makes no warranties, representations or undertakings about any Website content (including, without limitation, as to its quality, accuracy, completeness or fitness for any particular purpose) or any content of any other website linked to it.
6.3 In no event shall OPTIMA or its suppliers or partners be liable for any direct, indirect, special, incidental or consequential damages including, without limitation, loss profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this Website or any OPTIMA services, damages resulting from use of or reliance on the information presented on this Website, whether based on warranty, contract, tort or any other legal grounds even if OPTIMA or its suppliers have been advised of the possibility of such damages.
7.1 No links to this Website may be used without OPTIMA’s written permission. If you wish to provide a link to the Website please email your request to firstname.lastname@example.org with full details.
7.2 OPTIMA reserves all rights in respect of links including the right to determine the size and positioning of the link and that any link is to the Website homepage.
7.3 Links from the Website are provided for your convenience only and do not represent FccF’s endorsement of or affiliation with the linked Website. You access any such links entirely at your risk.
8. Limitation of Offer
8.1 OPTIMA makes no offer to supply any goods and/ or services through the Website.
8.2 Any request for goods or services made by you is subject to express acceptance by FccF in accordance with applicable terms.
9.1 As email is insecure, FccF does not warrant, guarantee or undertake that any message sent to or from you will be secure or will not be intercepted and read.
10. Data Protection
10.1 Information provided to FccF is used in accordance with applicable data protection legislation and FccF’s Data Protection Statement.
11.1 OPTIMA, its affiliates and agents are entitled, but not obliged, to review or retain your communications while you are visiting the Website. OPTIMA may monitor your communications to evaluate the quality of service you receive, the security of the service, or for other reasons. In no event will OPTIMA be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of FccF’s monitoring activities.
12. Entire Agreement
12.1 These Terms:
12.1.1 represent the whole agreement and understanding between OPTIMA and you in respect of the matters referred to herein; and
12.1.2 shall, except in the case of fraud, override and no reliance shall be placed upon any other verbal or written representations, warranties or understandings in respect of the subject matter of these Terms.
12.2 The remedies available to you are exclusively those available under these Terms.
12.3 You acknowledge that by using the Website you have expressly agreed the provisions of this clause 12.
13.1 OPTIMA reserves the right to vary these Terms from time to time and you accept the varied Terms if you continue to use the Website after variation.
13.2 If any provision of these Terms is held to be void or unenforceable in whole or in part, the Terms shall continue to be valid as to all other provisions and the remainder of the affected provision.
13.3 The Website services are provided from England, irrespective of your location.
13.4 None of the provisions of these Terms are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not a user of this Website.
14. Applicable Law
14.1 These Terms shall be governed by and construed in accordance with English law and each party to these Terms submits to the exclusive jurisdiction of the English courts.
15.1 For general enquiries or if you experience problems with the Website or have any comments please email email@example.com
All images displayed have been purchased in good faith and conform to the conditions of the respective suppliers. All images displayed have been purchased solely for use on this website and may not be copied or re-used in any capacity by any third party. fccf assumes no responsibility for any actions or liabilities arising from the possession or use of images, photos, files or software.