Website Terms and Conditions
Operator of the site
The operator of the site is OpenXccess (“we/us/our”). We are a private limited company registered in England and Wales and have our office at Level 24, The Shard, 32 London Bridge Street, London SE1 9SG.
Information we may collect from you
When you send us an email or visit our site, we may collect from both public and private areas of the site personal information volunteered by you about you (“Data”). We do not store or keep such Data, however, by visiting our site you are agreeing to the transfer, storage and processing of Data by us, should our business needs change so that storage of Data is required. The types of Data we may collect are:
- Data You Give Us: we receive and store any information you enter on our website or give us in any other way. You can choose not to provide certain information but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, improving our site and communicating with you
- Information we collect about you: technical information, including the type of device you use, a unique device identifier (e.g., an IMEI number or Ip or MAC address), network information, the type of operating system and browser you use, time zone settings, and other device-related information; date, time and duration of access including pages viewed
Your personal data
Your Data may be transferred to, and stored at, a destination outside the European Economic Area("EEA"). It may also be processed by staff operating outside the EEA who work for us, our affiliates, or for one of our affiliates or partners. These staff may be engaged in the fulfilment of your request, order or reservation, and the provision of support services. By submitting your personal data or using the OpenXccess, you agree to this transfer, storing or processing.
We utilise standard contract clauses approved by the European Commission, adopt other means under European Union law, and obtain your consent to legitimise data transfers from the EEA to destinations outside the EEA. OpenXccess will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Policy.
All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using transport layer security technology.
We will hold your information for as long as is necessary to comply with our statutory and contractual obligations and in accordance with our legitimate interests as a data controller. We will not retain your personal information for longer than is necessary for the practices described in this policy. The following criteria are used to determine data retention periods for your personal data:
- Retention in case of queries - we may retain your personal information as long as necessary to deal with your queries.
- Retention in accordance with legal and regulatory requirements- We may retain your personal information for 7 years after the account or service has been closed or has come to an end based on your legal and regulatory requirements. This information may also be used to defend any legal claims.
Use made of information
We use Data in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer(s) or other device(s);
- To provide you with information, products or services that you request from us or which we feel may interest you, if you have consented to be contacted for such purposes;
- To carry out our obligations arising from any contracts entered into between you and us;
- To allow you to participate in interactive features of our service when you choose to do so;
- To notify you about changes to our service;
- If you do not want us to use your Data in this way, please tick the relevant box situated on the form on which we collect your Data.
Disclosure of your information
We may be required from time to time to disclose or share information with regulatory and law enforcement authorities and judicial bodies if necessary to comply with legal requirements. You agree that we may disclose your personal information to third parties. You agree that we have the right to disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section OpenXccess of the Companies Act 2006. We may enter into agreements with external parties, including but not limited to business partners, service providers who perform functions on our behalf (including external consultants and professional advisers such as lawyers, auditors and accountants), outsourced IT providers, analytics and search engine providers to provide services necessary for our activity. Under these agreements we may share your information with these external parties, to the extent that use of your information for these purposes is necessary for our legitimate interests or for the legitimate interests of those external parties.
You have the right to be informed about the processing of your personal information. You can contact us if you believe the personal information we have for you is incorrect, if you believe that we are not entitled to use your personal information in accordance with this policy, if you would like us to erase any personal data we hold on you.
The Data Protection Legislation gives you the right to review personal information that we keep about you. You can request an overview of the personal information that we keep about you free of charge by emailing or writing to us using the contact details at the end of this Policy. We may ask you to verify your identity and for more information about your request. We will seek to act on your request within 30 days ( subject to any extension to which we are lawfully entitled)You are free at any time to withdraw the consent for the processing of your personal data. The consequence might be that we can’t proceed with certain activity If we intend to use your Data for marketing purposes, we will usually inform you before we collect such Data. You have the right to ask us not to process your personal data; you have the right to ask us to not to do so. You can exercise your right to prevent such processing by checking certain boxes on the forms we may use to collect your Data. You can also exercise the right at any time by contacting us at [email protected]
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
You have the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you. Our security procedures mean that we may request proof of identity before we disclose personal information to you.
If you would like to contact our Data Protection Officer directly you can do so by emailing [email protected].
If you are not satisfied with our response or believe we are not processing your personal data in accordance with the law you can complain to the Information Commissioner’s Office at the following web address: https://www.ico.org.uk/.
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Terms and Conditions
If you do not agree to these terms and conditions of use, please leave the site immediately and refrain from visiting our site in the future.
1. Information about OpenXccess.COM
1.1 Openxccess.com is a site operated by OpenXccess Limited (registered office at The Shard, Level 24, 32 London Bridge Street, London SE1 9SG) (“we”, “us”, “our”). You can contact us at [email protected]
2. Accessing our site
2.1 Access to our site is permitted on a temporary basis and we reserve the right to withdraw or amend the information we provide on our site, without notice at any time. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us without notice at any time. We may suspend your access to our site generally at any time without notice to allow for repairs, maintenance, updates, upgrades or loading of any new content or functionality, or otherwise.
2.2 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection, computers or other devices are aware of these terms and conditions and that they comply with them.
3.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
3.3 We use the following cookies:
3.3.1 Strictly necessary cookies. These are cookies that are required for the operation of our site. They include, for example, cookies that enable you to login to secure areas of our site.
3.3.2 Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily.
3.3.3 Functionality cookies. These are used to recognise you when you return to our site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
3.5 You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
4. Intellectual property
4.1 Subject to your compliance with these terms and conditions, we grant you a limited, non-exclusive, non-transferable, non-licensable licence to access and make use of our site
4.2 This licence does not include any resale, commercial or personal use of any of the site’s content or any use of data mining, robots or similar data gathering and extraction tools
4.3 Without our express written consent, you may not:
4.3.1 Reproduce, duplicate, copy, sell, resell, visit or otherwise exploit our site for any commercial or personal purpose;
4.3.2 use any framing techniques to enclose any trademark, logo or other proprietary information (including texts, images, page layout or form) of our site; or
4.3.3 use any Meta tags or any other “hidden text” utilising our name or trademarks.
4.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged
4.5 If you use any part of our site in breach of these terms and conditions, your right to use our site will cease immediately
4.6 You must, at our option, return or destroy any copies of the site’s content you have made
5.1 Commentary and other materials posted on our site are not intended to amount to advice on which you should rely. In accessing our site, no client, advisory, fiduciary or professional relationship is implied or established with you and neither we nor any other person is, in connection with the site, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice via the site
5.2 We therefore bear no liability or responsibility arising from any reliance placed on such materials by any visitor to our site or by anyone who may be informed of any of its contents
5.3 Any of the material on our site may be out of date or inaccurate at any given time and we are under no obligation to update or correct such material. We aim to update our site regularly and may change the content at any time. We may suspend access to our site or close it indefinitely without notice
6. User content
6.1 Users of our site may post comments and other content and submit suggestions, ideas, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an e-mail or other content. We reserve the right (but are not under any obligation) to remove or edit such content
6.2 These content standards apply to any and all material which you contribute to our site (“contributions”) and to any interactive services associated with it. The standards apply to each part of any contribution as well as to its whole.
6.3 Contributions must:
6.3.1 be accurate (where they state facts);
6.3.2 be genuinely held (where they state opinions); and
6.3.3 comply with applicable law in the UK and in any country from which they are posted.
6.4 If you post content or submit material, and unless we indicate otherwise, you grant(a) a non-exclusive, royalty-free and fully sub-licensable and transferable licence to us to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) our sub-licensees and transferees the right to use the name that you submit in connection with such content. No moral rights are assigned under this provision.
6.5 You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to our treatment of such content.
7. Our liability
7.1 Except where expressly provided otherwise in writing via a separate agreement between you and us, all information provided directly on the site or indirectly through the site by hypertext link or otherwise is provided “as is” without warranty of any kind.We hereby disclaim all warranties with respect to this information, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. In no event shall we be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, anticipated savings, goodwill, revenue, data or use, incurred by you or any third party, whether caused by breach of contract, tort (including negligence) or otherwise even if foreseeable, arising from your access to, use of, or reliance upon information obtained from or through the site
8. Information about you
9. Viruses, hacking and other offences
9.1 You must not misuse our site by knowingly, negligently or recklessly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt, or help others to attempt, to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack or help others to attack our site via a denial-of-service attack or a distributed denial-of service attack
9.2 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 site will cease immediately
9.3 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 toy our use of our site or to your downloading of any material posted on it, or on any website linked to it
10. Links from our site
10.1 Where our site contains links to other sites and resources provided by third parties or links to access or interact with third party services unaffiliated to us (such as Facebook, YouTube and Twitter), these links are provided for your information and convenience only. We have no control over the content of those sites or resources and we accept no responsibility or liability for them, the accuracy, fitness for purpose or suitability of their content or for any loss or damage that may arise from your use of them
11. Trade marks
11.1 All trademarks and logos or registered trademarks and logos found or mentioned on the site belong to their respective owners. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark displayed on the site without the express written permission of the registered trademark owner or the relevant third party trademark or logo owner.All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of OpenXccess or its affiliates, and may not be copied, imitated, or used, in whole or in part, without our prior express permission. We and/or our affiliated group companies will enforce our intellectual property rights to the fullest extent permitted by law
12. Copyright notice
12.1 The contents of our site, including but not limited to the text and images and their arrangements on our site, its software, technical drawings, configurations and other files, unless otherwise noted, are copyrighted material belonging to us and/or of our affiliated group companies or authorised third party contributors to our site. Copyright© 2022 OpenXccess. All rights reserved
13. Changes to these terms and conditions
13.1 We may revise these terms and conditions by amending this page at any time and we reserve the right to do so without your consent. Please check this page from time to time to check for changes we may have made as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site
14. Severability and waiver
14.1 If any of these terms and conditions are deemed invalid, void or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
14.2 If you breach these terms and conditions and we take no action, we shall still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions.
15. Governing law and jurisdiction
15.1 These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.