Terms and Conditions

Last updated: 27th January 2025

Terms and Conditions

Introduction

These Terms and Conditions and Conditions govern your use of our Website www.optimussearch.com (“Website”).

When we refer to “we”, “us” and “our” we mean Optimus Search Limited and all companies which are for the time being either a subsidiary or affiliate.

The term “you” refers to the user or viewer of our Website.

Accessing our Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.

Intellectual property rights

We are the owner of all intellectual property rights in our Website and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others (for example, within your organisation) to material posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of our Website for commercial purposes without obtaining a licence to do so from us.

If you print off, copy, or download any part of our Website in breach of these Terms and Conditions of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information

Information and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such information or other materials by you, or by anyone who may be informed of any of its contents.

Changes to our Website

The Website is updated regularly and we may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

Our liability

Our Website, the applications on it and all materials and information provided is without any guarantees, conditions or warranties.

All correspondence and any agreement (including, but not limited to, electronic, written, or oral) made between you and any other user is strictly personal between you and such user. We are not, nor will we become, under any circumstances existing now or in the future, a party to such agreement nor be liable for any breach thereunder. The Contracts (Rights of Third Parties) Act 1999 shall not apply to all or any terms and conditions of this Website at any time.

We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability for all conditions, warranties and other terms and conditions which might otherwise be implied by statute, common law or the law of equity and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income or revenue, loss of business, profits, anticipated savings, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and for any loss or damage of any kind howsoever arising and whether in tort (including without limitation negligence), contract or otherwise, even if foreseeable, in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any third-party websites linked to the Website or the material on such third party websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any third-party websites linked to the Website.

Nothing in this legal notice shall exclude or limit our liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms and Conditions Act 1977) or fraud or misrepresentation as to a fundamental matter or any liability which cannot be excluded or limited under applicable law.

If your use of material on the Website results in the need for servicing, repair or correction of equipment, software, or data, you assume all costs thereof.

Nothing contained in these Terms and Conditions or by reason of use of the Website shall be construed or have the effect of constituting any relationship (including but not limited to that of employer, agent, or principal) or partnership between us and/or any other user.

Information about you and your visits to our Website

We process information about you in accordance with our Privacy Policy.  By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material

Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must comply with these Terms and Conditions. You warrant that any such contribution does comply with the Terms and Conditions, and you indemnify us for any breach of that warranty.

Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third-party, for the content or accuracy of any materials posted by you or any other users of our Website.

We have the right to remove any material or posting you make on our Website if, in our opinion, such material does not comply with these terms and conditions.

General prohibited uses

You may not use our Website:

• in any way that breaches any applicable local, national or international law or regulation;
• that discloses personal identifiable data of any third party without consent;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms and Conditions;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

Viruses, hacking and other offences

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will 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 use our Website will cease immediately.

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 our Website or to your downloading of any material posted on it, or on any Website linked to it.

Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

You must not establish a link from any Website that is not owned by you.

Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The Website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our Website other than that set out above, please address your request to dpo@optimussearch.com.

Liability for our server

We do not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. The Website and material are provided on an "as is" basis without any warranties of any kind whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not guarantee continuous or uninterrupted access to your account and make no warranty as to the operation, functionality, or availability of the Website, or that the Website or materials or content provided will be error-free, or that defects will be corrected. If your use of the Website results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

Any material downloaded or otherwise obtained through the use of the Website is done 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 any such material.

General

These Terms and Conditions, and any terms and conditions, policies or documents referred to herein, constitute the entire agreement between you and us and govern your use of the service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. You and us, are independent contractors, and no agency, partnership, joint venture, employee/employer or franchisor/franchisee relationship is intended or created by these Terms and Conditions.

Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.

If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our Website, you accept that communication with us will be mainly electronic.  We will contact you by email or provide you with information by posting notices on our Website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

Links from our Website

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

These Terms and Conditions and conditions shall be governed in accordance with English law. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or use of our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

Variations

We may revise these Terms and Conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions of use may also be superseded by provisions or notices published elsewhere on our Website.

Your concerns

If you have any concerns about material which appears on our Website, please contact dpo@optimussearch.com.