In this Agreement the term “Company”, “I”, “we”, “us” and “ours” OmniKilck Ltd means a company registered in England and Wales under registration Number 6558689 whose registered address is at 23 Kings Terrace, Isleworth UK TW7 7AW.
In these Terms & Conditions, “you” and “your” refers to the user or viewer of Website, and or the the recipient of the associated and incidental services from us, and or the provider of Services to the consumer.
1. Definitions and Interpretation
1.1 In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site.
“Business Day” means any day other than Saturday or Sunday that is not a bank or public holiday.
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Merchant” individual or legal person providing Merchandise on the website to the consumer
“Merchandise” means goods, products and services provided by the Merchant to the consumers on our Website
“Services” means collectively any online e-commerce facilities, services tools or information that OmniKilck makes available through the Website either now or in the future.
“System” means any online communications infrastructure that OmniKilck makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” “Users” means any third party that accesses the Website and is not employed by us and acting in the course of their employment; and
“Website” means the website that you are currently using under the brand name of OmniKlick and any domain, sub-domains of this site or the property of the Company unless expressly excluded by their own terms and conditions. Customers accessing third party websites via the OmniKlick search engine are to adhere to the third parties terms and conditions.
1.2 The heading, subheading, captions in this Agreement are not part of the Agreement but are for the convenience of the parties and shall have no effect upon the interpretation of this Agreement.
1.3 Words imparting the singular shall include the plural and vice versa
1.4 References to any gender shall include the other gender
· The content of this Website is an online marketing tool for your use and the Company reserves the right to refuse access to the Website, or terminate accounts.
· The Content on the Website and or Terms and Condition are subject to change without notice.
· By browsing on the Website you accept these Terms and Conditions and agree that your use of the Website may be governed by separate user agreements and privacy policies of the Merchants and third party Websites.
· We aim to ensure uninterrupted availability of the Website, however, due to the nature of the Internet, this cannot be guaranteed. In addition, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
· When you register you are responsible for maintaining the confidentiality of your account and password and prevent unauthorised access to your account. You shall be responsible for all activities that occur under your account or password. If you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner you must immediately inform us.
· The Company does not sell any Services direct to consumer but instead provides tools to its Merchants and users for acquiring Merchandise from Merchants via OmniKlick search engine or via OmniKlick's hosted ecommerce solutions complete with shopping cart or online enquiry or booking forms and there does not exist agency, partnership joint venture employee-employer or franchiser-franchisee relationship between the Merchant and us.
· The Company does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the services products merchandise information and materials found or offered on this website for any particular purpose. You acknowledge that such information and material may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
· Your purchase of Services on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that Services available through this Website meet your specific requirements and if you enter into contract for provision of Services from the Website the terms and conditions applicable to the Contract for the said Services shall be those that you agree with the Merchant.
· This Website contains material which is owned by or licensed to Company or the third party company. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
· All trade marks or images reproduced in this website which are not our property or licensed to us are acknowledged.
· Unauthorised use of this Website or communication tools to distribute or post spam unsolicited or bulk electronic communications chain letters or virus may give rise to termination of your access to the Website, a claim for damages and/or be a criminal offence.
· From time to time this Website may also include links to other websites for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
· Company is not responsible for any material submitted to the public areas by you which include bulletin boards, hosted pages, add to favourites, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by me. I reserve the right to remove any material submitted or posted by you in the public areas, without notice to you in its sole and absolute discretion.
We provide an e-commerce platform as well as a search engine for third party merchants where merchants sell their Services and are not responsible for any aspect of Merchant’s business or supply of Services.
3. Sellers / Merchants
We aim to operate a secure safe fair environment for our Website users and as a Seller you are responsible for all activities but not limited to sale, support inquiries guarantees, warranties etc related to Merchandise that you provide through your store and ensure that the buyer accepts Merchant’s Terms and Conditions.
Unless otherwise stated legal notices shall be served by registered mail to OmniKilck Ltd 23 Kings Terrace, Isleworth, UK, TW7 7AW. We shall send notices to you by email to the email address you provide to OmniKilck during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party, by registered mail, shall be deemed to have been received by that party three days after the date of posting.
Any support with regards to general enquiries, your account or website use or access is available via our website or by contacting: admin@OmniKilck.com.
For inquiries support about the Merchandise please contact the Merchant.
6. Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
We appreciate your concerns about how information about you is collected, used and shared and in light of those concerns we adopted a policy such that the Website does not capture or store any personal information. There are no cookies or any other attempt to collect information about you.
However, if you register for access to certain information, blog, forum or Services your details would be retained, but would not be passed on to others. However, Company cannot take responsibility in respect of the other sites for which links are provided or that your information has already been collected while going on the net by the search engines and or the “Big Brother” etc.
In no event shall the Company be liable for any indirect, incidental, special or consequential damages arising out of or in any way connected with the use this Website whether based in contract, tort, strict liability or otherwise, except in relation to death or personal injury caused by our negligence or breach of duty or by our gross negligence or wilful misconduct for which no limit shall apply
OmniKilck will only be responsible for any direct loss arising out of our breach of these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website. For avoidance of doubt the Company shall not be liable for any loss whatsoever howsoever arsing from you entering into contract for the Services from the Merchant.
In the event you have a complaint about the use of the Website we shall endeavour to deal within 14 days of receipt of the complaint. Normally, replies to any complaint would be made by E-mail or, if required, we shall provide a telephone facility to discuss matters of a more complex nature if so required.
10. Legal Dispute
If a dispute arises between you and us, we strongly encourage you to first contact us directly to resolve the dispute and suggest that every effort be made by the parties to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
The use of this Website and provision of any incidental services shall be governed by and construed in accordance with English Law, and English Courts and where appropriate High Court for Justice in London shall have exclusive jurisdiction for the resolution of any dispute in connection with or arising out of the Agreement or such use of the website and or provision of any incidental services.
12. Statutory Rights
These terms and conditions do not affect your statutory rights.