Terms of Service

The following terms and conditions (the “Terms of Service” or “Agreement”) constitute an agreement between you, whether as a casual visitor, a registered user or an Ovaviwer (“User”, “you” or “your”) and Ovaviw Interactive Company. and its affiliates, successors and assigns (“Ovaviw”, “us”, “our” or ‘we”) regarding your use of ovaviw Site, App and/or Services (all as defined below). Ovaviw is the owner and operator of the www.ovaviw.com website (collectively, the “Site”), the daily ovaviw  newsletter, email notifications or any related applications provided by us (collectively, the “Services”), and all content and features contained in the foregoing. BY ACCESSING THE SITE, ACCESSING OR UTILIZING THE APP, OR UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE INCLUDING OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Modifications to the Terms of Service

Ovaviw, in its sole and absolute discretion, may make changes or modifications to the Site, the App, the Services or to this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) ovaviw may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site, the App or the Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, ovaviw may occasionally notify you of upcoming changes or modifications to this Agreement by email. We therefore recommend that you keep your account information including, but not limited to, your email address, current.

Eligibility; Registration

This Site,  and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site,  or the Services, you represent and warrant that you are at least eighteen (18) years of age.

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or Personal information, as described below) across international boundaries. By visiting this Site  and communicating electronically with us, you consent to such transfers.

Customer Responsibility

  1. You warrant that all information you provide on registration and contained as part of your account on this Platform is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details.
  1. It is your responsibility to ensure that any services, content or information available through the Platform or the ovaviw Services meet your specific requirements.
  2. You agree to be bound, where applicable, by the Merchants’ own applicable terms and conditions, in relation to their own supply of their goods and services.
  3. You agree to act in a responsible and legal manner when using the ovaviw Services. You shall comply with all applicable laws, regulations and rules and undertake not to use the ovaviw Services for any unlawful purpose, for the commission of any offense or crime under the laws of any jurisdiction to which access is obtained through the Platform or in a manner which is likely to cause harm, offense or nuisance to any other Internet user
  4. Ovaviw reserves the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including, without limitation, reporting you to appropriate law enforcement authorities.

Intellectual Property    

  1. The Platform contains intellectual property, which is the proprietary property of Ovaviw (“Ovaviw IP”). This includes, but is not limited to, copyrights, trade marks, information about technology, and other proprietary rights, and may be provided in the form of text, graphic, audio and video downloads, links or source codes. ovaviw  retains the rights to the ovaviw  IP and reserves all rights in respect of same.
  1. Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Platform and the material displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
  2. All materials incorporated in or accessible through the Platform, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Platform), are owned, controlled or licensed by ovaviw, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Platform in the ordinary course or as a resource for using the ovaviw Services through the Platform. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited
  3. The ovaviw IP is provided by ovaviw on an “as is” basis, and ovaviw expressly disclaims, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any ovaviw IP. To the extent permitted by applicable law, Ovaviw excludes any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the Ovaviw  IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.

Indemnification

By accepting these Terms, you agree to indemnify, keep us indemnified and otherwise hold harmless Ovaviw, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, and all other losses, costs, changes, demands, proceedings, and actions,  howsoever incurred by Ovaviw arising from any claims or legal proceedings which are brought or threatened against us by any person resulting from (i) your use of the Ovaviw Services; (ii) unauthorized access to the Ovaviw Services or (iii) any breach of these Terms by you or any other matter relating to the Ovaviw Services.

Disclaimers and Limitations of Liability – IMPORTANT – YOUR ATTENTION IS DRAWN TO THIS SECTION

    1. Unless otherwise agreed by us in writing, the material and content displayed on the Platform is provided on an “as is” and “as available” basis, without any guarantees, conditions or warrantees as to its accuracy or other terms of any kind. To the extent permitted by law, we, other members of our group of companies, our offers and directors and third parties connected to us hereby exclude:
  1. all conditions, warranties and other terms (whether express or implied) which may otherwise be implied by statute, common law or the law of equity, including without limitation:1.that the Platform and Ovaviw Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;
          1. that the Platform will meet your requirements, is error-free, without interruption or available at all times;
          2. that the results obtained from using the Platform, including any services or deals, will be effective reliable accurate or meet your requirements;
          3. warranties as to privacy and security other than as stated in our Privacy Statement;
          4. that you will be able to access or use the Platform or Ovaviw Services at times or locations of your choosing; and
          5. any warranties on the basis of oral or written information, representations or statements given by a Ovaviw representative; and
  1. any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by any user in connection with the Platform or in connection with the use, or results of the use of the Platform, any websites linked to them and any materials posted on them, including without limitation any liability for:
          1. loss of income or revenue;
          2. loss of business;
          3. loss of profits or contracts;
          4. loss of anticipated savings, the use of money or opportunity;
          5. loss of data;
          6. loss of goodwill or reputation;
          7. wasted management, office time or personnel time;
          8. work stoppage, computer failure or malfunction; or
          9. any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    1. Nothing in this section 8 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
    2. While Ovaviw endeavours to ensure that the Platform is normally available 24 hours a day, Ovaviw  is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the Ovaviw Services or combination thereof, including any injury or damage to your or to any person’s computer related to or resulting from participation in connection with the Ovaviw Services. Access to the Platform may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Ovaviw’s control.
    3. Ovaviw will use reasonable endeavours to correct any errors or omissions as soon as practicable upon notification of them. However, we do not guarantee that the Ovaviw Services or the Platform will be free of faults and we do not accept liability for any errors or omissions. Neither we nor our licensors shall be liable for any errors, inaccuracies or delays in the Ovaviw Services or any content, or for any actions taken by you in reliance thereon.  In the event of an error or fault, you should report it by email to: Info@ovaviw.com
    4. Ovaviw reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform with or without notice. You agree that Ovaviw  shall not be liable to you or any third party for any modification, suspension or discontinuation of the Ovaviw Services.

Investment Advice

    1. Ovaviw is not regulated by financial Authority and does not offer any regulated services. The content, commentary and materials posted on the Platform are strictly for public information and distribution purposes only and are not intended to address your particular requirements. We disclaim all liability and responsibility arising from any reliance placed on commentary or materials by any user of this Platform, or by anyone who may be informed of any of its contents.
    2. You understand and agree that the Ovaviw Services do not constitute any form of advice, recommendation, endorsement or arrangement. The information published on the Platform should not be interpreted as a recommendation for you to buy, sell, or hold that or any other security, financial product or investment. The opinions expressed on the Platform do not constitute investment advice.
    3. The Ovaviw Services do not provide tax, legal or investment advice or opinion regarding the suitability, value or profitability of any particular security, portfolio or investment strategy. Independent advice should be obtained before making any such decision from your financial adviser, tax adviser or solicitor.
    4. In using the Ovaviw Services you acknowledge that:
        1. the Platform, and the commentary, material and content displayed on the Platform, are provided for information purposes only and are not intended for trading purposes;
        2. the Platform may include certain information taken from stock exchanges and other sources from around the world;
        3. the provision of certain parts of the Platform may be subject to the terms and conditions of other agreements to which Ovaviw is a party;
        4. you expressly agree that your use of the Ovaviw Services and the Ovaviw Platform is at your sole risk.

Links

This Platform may contain links or references to other websites, these are provided for your convenience only. If you use these links, you leave the Platform. Ovaviw  has no control over third party websites and accepts no responsibility for any content, material, information intellectual property rights, accuracy or opinions expressed on such websites. Inclusion of any linked website on the Platform does not imply approval or endorsement of the linked website by ovaviw. When you access these third-party sites, you do so at your own risk, your use of such third party sites may be governed by the terms and conditions of that third party site.

Linking to the Website

    1. You may link to the website homepage 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 anyway so as to suggest any form of association, approval or endorsement on our part where none exists.
    2. You may not mirror, screen scrape or otherwise reproduce all or any part of the website on any other site. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.
    3. If you wish to make use of material on the Website other than set out above, please address your request to Info@ovaviw.com

General Terms

        1. These Terms, which incorporate the Ovaviw Privacy Statement, as well as our Cookies Policy, and any notices raised by us on our Platform from time to time constitute the entire agreement between you and Ovaviw regarding the use of this Platform and the Ovaviw Services. These Terms supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
        2. Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
        3. The failure of Ovaviw to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
        4. We may revise these Terms 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 have made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Platform.
        5. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms are personal to Ovaviw and you.
        6. You may not assign, novate, sub-contract or otherwise transfer its part or all of these Terms, without the prior written consent of Ovaviw.
        7. Nothing in these Terms shall create or be deemed to create a partnership, joint venture agency or employment relationship of any kind between you and Ovaviw.
        8. Ovaviw shall not be liable for delay or failure to perform any of its obligations under these Terms where and to the extent that such delay or failure results from any circumstances beyond its reasonable control.
        9. Unless otherwise stated in these Terms, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

Contacting Ovaviw

Please contact us at Info@ovaviw.com with any questions regarding these Terms or material which appears on our Platform.

 

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