TERMS & CONDITION

Effective February 26, 2022

The below information will explain the terms and conditions by which we will provide you our products and services, or access to our website and associated digital entities. Please read all terms and conditions carefully before ordering any products or services, or participating in any of our websites or associated digital entities. By ordering any product or service, or using our website or associated digital entities, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you will not be able to order any of the products or services we offer on our websites or associated digital entities, and you should not use our website or associated digital entities. If you do not agree with these terms and conditions, please do not use or access any of our products, services, websites, applications, or other related services for any reason. 

 

Changes

Oikla reserves the right to modify, change, remove or add to these Terms, at any time, at its sole discretion. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes to these Terms, will constitute your agreement to such modified Terms.

 

Eligibility

By agreeing to these Terms, you represent and warrant to Oikla that: (a) you have not previously been suspended or removed from the Site; (b) your registration and your use of the Site is in compliance with any and all applicable laws and regulations; and (c) you are at least thirteen years of age or older. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

 

User accounts

Certain features or services offered on or through the Site may require you to register a user account (including setting up a user name and password) for which you agree to: (a) provide true, accurate and complete information as prompted by the Site's registration forms; and (b) maintain and promptly update such information to keep it true, accurate, current and complete. Without limiting any other matter contained herein, your access to or use of the Site may be suspended or terminated if Oikla reasonably believes any account information is false, inaccurate or incomplete. You are responsible for maintaining the confidentiality of your account information including your password (or other identifying information), and you are solely responsible for all activities that occur under your account as a result of your failure to keep your account information secure. You may not assign or transfer your user account to any other person or entity, voluntarily or involuntarily, by operation of law or otherwise, without Oikla’s express prior written consent, which may be withheld in Oikla’s sole discretion. You may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account or password. You agree to immediately notify Oikla of any unauthorised access to your account, password to other breach of security. You may be held liable for losses incurred by Oikla or any other user of or visitor to the Site due to someone else using your account, user name, password or other identifying information as a result of your failing to keep your account information secure and confidential. Oikla cannot and will not be held liable for any loss or damage arising from your failure to comply with these obligations.

 

Site contents

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Site Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of Site Content, contained on the Site is owned, controlled or licensed by or to Oikla, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.  All marks indicated as registered on the Site are registered Oikla trademarks. Except as expressly provided in these Terms, no part of the Site and no Site Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without  Oikla’s express prior written consent.

 

User content

Certain features of the Site may permit users to upload, submit, store, send or receive content to or through the Site, including text, code samples, images, photos, sounds, audio, video, or works of authorship (“User Content”) and to publish User Content on the Site. You retain ownership of any copyright and other proprietary rights that you may hold in the User Content.   When you upload, submit, store, send or receive User Content to or through our Site, you grant Oikla (and our affiliates and licensees) a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, fully paid right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your Content works better with our Site and services), communicate, publish, publicly display, publicly perform and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By uploading, submitting, storing, sending, posting, publishing or sharing User Content, you affirm, represent, and warrant that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, and permissions to authorize Oikla to use and distribute your User Content in accordance with the above license; (b) your User Content is accurate, is not fraudulent, misleading, unlawful, inappropriate, or obscene, and does not violate any law or regulation, or constitute false advertising or any other unfair business practice; and (c) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. Oikla is under no obligation to edit or control User Content and expressly disclaims any and all liability in connection with User Content. Oikla may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. If at any time, Oikla chooses, in its sole discretion, to monitor user content, Oikla nonetheless assumes no responsibility or liability for the content or any loss or damage of any kind incurred as a result of the use of such content If notified by a user or content owner that User Content allegedly does not conform to these Terms, Oikla may investigate the allegation and determine in its sole discretion whether to remove the User Content, which Oikla reserve the right to do at any time and without notice.

 

It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the following process by providing our designated agent with the following in writing:

  1. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;

  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

  3. A description of where the material, that you claim is infringing, is located on the Site and information reasonably sufficient to permit Oikla to locate the material;

  4. Your address, telephone number, and email address;

  5. A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; and

  6. A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

Oikla’s designated agent for notice of claims of copyright infringement can be reached as follows:

By Mail: Oikla Ltd

31 Old Mill Road, London, England, SE18 1QE

By E-Mail: marketing@oikla.com Subject line: DMCA

You acknowledge that if you fail to comply with all the requirements of this Section, your notice may not be valid. Upon our receipt of a proper notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures to resolve the claim between the notifying party and the alleged infringer who provided the User Content in issue.

 

User conduct

You agree that you will only use the Site (including features thereof and products or services offered thereon) for their intended purpose. Further, you warrant and agree that in connection with your use of the Site, you shall not: (a) use the Site, any content or other materials on the Site, including Site Content, or any products or services included on or available through the Site for any unlawful purpose; (b) restrict or inhibit any other user from using and enjoying the Site, including by means of disrupting the normal flow of dialogue, hacking or defacing any portion of the Site, introducing any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges; (c) impersonate or misrepresent your affiliation with any other person or entity; (d) upload, post, publish, transmit, reproduce, distribute, or in any way exploit, the Site or any content, graphics, music, sounds, information or other material obtained on, through or derived from the Site, including Site Content for any purpose (whether commercial or private); (e) attempt to reverse engineer or otherwise dismantle any or all of any software and/or other intellectual property maintained or otherwise found on the Site; (f) attempt to gain unauthorised access to the Site or other computer systems through the Site; (g) gather, harvest, “data mine”, collect or store information about the users or content of this Site (other than “bookmarking the Site” as that word is commonly understood), or (h) use the Site for any illegal purpose or in violation of any applicable laws. You understand that the technical processing and transmission of the Site may involve (y) transmissions over various networks; and (z) changes to conform and adapt to technical requirements of connecting networks or devices. Oikla assumes no responsibility for the transmission, deletion or failure to store information submitted by you.

 

Community forums

From time to time, Oikla may elect to provide an online community, such as online message boards, newsgroups, chat rooms, blogs and/or other interactive forums (collectively "Community") that can be accessed and contributed to by certain registered users of Oikla products and services. This Community provides opportunities to interact with your peers in order to share knowledge, news and information about Oikla and its products and services. Your use of this Community is voluntary and is governed by your agreements with Oikla, Oikla’s legal notices and Terms, Oikla’s Privacy Policy, including the express disclaimers of liability posted in these documents, and these Terms. These Terms govern your use of, access to and participation in any part of the Community.

 

Rules of Conduct

The purpose of the Community is to voluntarily exchange information about Oikla and its products and services. You expressly agree not to use any part of the Community to: post content that is unlawful, malicious, misleading, defamatory, harmful, threatening, abusive, harassing, vulgar, obscene, libelous, objectionable, inappropriate, improper, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, including, but not limited to, Oikla or a Oikla employee, or falsely state or otherwise misrepresent your affiliation with any person, group or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted to any part of the Community; post any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of publicity or privacy rights of any third party; post any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; act illegally or unethically or use for any illegal or unethical purposes; intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation or policy, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or collect or store personal data about other users.

You are solely responsible for the content of your computer and any transmissions you make when using the Community.

Posts on any part of the Community may be edited, moved, deleted or removed at any time and for any reason or no reason and without notice by any Oikla employee or representative. Oikla is not obligated to provide you with any reason or explanation for any post being edited, moved, deleted or removed. There is no means of appeal for any post or membership that is edited, moved, deleted or removed from the Community. Oikla reserves the right to temporarily or permanently withdraw Community membership at any time and for any reason or no reason. Oikla is not obligated to provide you with any reason or explanation for any such membership withdrawal. Oikla does not guarantee a response to any post on the Community. Specifically, support issues should be addressed via Oikla’s official support provisions and protocols. You understand that posts on the Community are addressed to your peers and not Oikla and Oikla does not guarantee that any support issue will be addressed on the Community.

Oikla does not make any warranty or guarantee that any information posted on any part of the Community, whether or not such posting is made by a Oikla employee, is accurate, complete or in anyway reliable. Any support issues or questions about Oikla should be addressed via Oikla’s official customer support provisions and protocols. Oikla disclaims any approval or liability related to any comments made on the Community by a user or third party. Community forum posts represent the statements and opinions of the individual third-party users and are not necessarily the opinion of Oikla or its employees, partners and affiliates. Oikla does not approve or disapprove of any Community forum post.

 

Violation of terms

Oikla may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Oikla’s rights or property, or the rights or property of visitors to or users of the Site, including Oikla’s customers. Oikla reserves the right at all times to disclose any information that Oikla deems necessary to comply with any applicable law, regulation, legal process or governmental request. Oikla also may disclose your information when Oikla determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Oikla may preserve any transmittal or communication by you with Oikla through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Oikla determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Oikla, its employees, users of or visitors to the Site, and the public.

Oikla may terminate or suspend your access to our use of the Site and/or block your future access to the Site, without prior notice, in the event Oikla believes, in its sole discretion, that you are in violation of any of these Terms. You may terminate your account, if any, at any time by contacting customer service. Additionally, Oikla reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features), temporarily or permanently, without notice to you. Oikla will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Oikla, for which monetary damages would be inadequate, and you consent to Oikla obtaining any injunctive or equitable relief that Oikla deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Oikla may have at law or in equity. You agree that Oikla may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If Oikla does take any legal action against you as a result of your violation of these Terms, Oikla will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Oikla. You agree that Oikla will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.

 

Privacy

Your use of the Site is subject to the terms of Oikla’s Privacy Policy (“Privacy Policy”), including our Cookie Policy, which are hereby incorporated by reference and made part of these Terms. Please review the Privacy Policy to understand how we collect and use information.

 

Links

As a convenience, the Site may contain links to: (a) subsites or portals within the Site which implement additional or separate terms/policies, and your use of such subsites or portals shall be subject to the terms specified therein; (b) other websites owned or controlled by third parties which may be of interest to you. Oikla does not endorse any such third party linked website, nor shall Oikla be responsible for the availability of or the content contained on or through any such linked website. You voluntarily assume any and all risks associated with your use of any third party linked websites.

 

Security

You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and Oikla cannot and does not guarantee that information you submit to Oikla will be free from unauthorised third party intrusion. You agree that any information you submit via the Site is done at your sole risk. .

 

Purchases

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to be bound by any such additional terms and conditions where applicable, including where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms and conditions posted for or applicable to a specific portion of the Site or for any service or good offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service or good. Oikla’s obligations, if any,with respect to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Oikla may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Oikla makes no commitment to update the materials on the Site with respect to such products and services.

 

Site errors

Oikla does not warrant that product or service descriptions or other Site Content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change, and may vary from those offered elsewhere.

 

Feedback

Any feedback, comments, suggestions or ideas (collectively, “Feedback”) you submit to us through or in conjunction with this Site is non-confidential and you hereby grant to Oikla an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner, including to improve the Site and create or improve Oikla products and services.

 

Downloading

You may only download those materials from the Site that are purposely made available by Oikla for downloading, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any network computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. You agree not to use technical or other means to circumvent these Terms or any content-protection technology used on the Site. Any unauthorised use, transmission, distribution, reproduction, reverse engineering, modification of any downloaded materials, or use thereof for an illegal purpose, is expressly prohibited.

 

Confidential information

You may be given access to Oikla confidential information through the Site or links from the Site. You may not disclose Oikla confidential information to any third party without the written consent of Oikla. You must protect Oikla confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care. Oikla confidential information includes, but is not limited to, all nonpublic information regarding Oikla, its intellectual property or its customers, products, quantity and prices of products purchased, design and development data, engineering details, CAD drawings, sales and marketing plans, unannounced products, any information marked as "confidential" or "proprietary" or similarly marked, or any information that, if disclosed, might be competitively detrimental to Oikla. You may have entered into separate nondisclosure agreements with Oikla governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure.

 

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENTS AND SERVICES, INCLUDING COMMUNITY, THEREON ARE PROVIDED ON AN "AS IS" AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OIKLA, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED RELATING TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Oikla DOES NOT WARRANT THAT: (i) THE INFORMATION ON THE SITE IS ERROR FREE; (ii) FUNCTIONS OR FEATURES ON THE SITE WILL BE UNINTERRUPTED OR SECURE; OR (iii) THE SITE OR THE SERVER(S) THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE WILL CREATE ANY WARRANTY REGARDING Oikla THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND Oikla IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, INCLUDING WITHOUT LIMITATION ANY USER CONTENT AND SITE CONTENTYOU ACCESS THROUGH THE SITE. YOUR SOLE REMEDY AGAINST Oikla FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, (a) Oikla DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT Oikla IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW, AND (b) THE ABOVE DISCLAIMERS DO NOT DISCLAIM OR OTHERWISE LIMIT ANY RIGHTS AND REMEDIES THAT YOU MAY HAVE AS A PURCHASER OF A PRODUCT UNDER ANY APPLICABLE Oikla LIMITED PRODUCT WARRANTY.

 

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Oikla, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “OIKLA ENTITIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOSS OF BUSINESS, DATA OR SALES, EVEN IF Oikla OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE OIKLA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE, THE COMMUNITY OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SITE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM AGAINST Oikla (BUT NOT INCLUDING THE PURCHASE PRICE OF ANY OIKLA HARDWARE, SOFTWARE, OR SUPPORT PROGRAM), OR (2) $20 USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABLITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FOR PURPOSES OF CLARITY, THE ABOVE LIMITATIONS OF LIABILITY DO NOT LIMIT ANY RIGHTS AND REMEDIES THAT YOU MAY HAVE AS A PURCHASER OF A PRODUCT UNDER ANY APPLICABLE Oikla LIMITED PRODUCT WARRANTY.

 

Indemification

To the fullest extent permitted by applicable law, you hereby agree to indemnify and hold Oikla, and its subsidiaries, affiliates, officers, directors, shareholders, employees and agents, harmless from and against any and all demands, claims, losses or damages, including reasonable attorneys' fees at trial and on appeal, related to or arising out of your use of or access to the Site, the Services and the Community, in violation of these terms. You agree to cooperate with our defense of the foregoing.

 

Governing law and venue

To the fullest extent permitted by applicable law, these Terms will be construed according to the substantive law, but not the choice of law rules, of the State of California and of applicable federal law of the United Kingdom. If any dispute arises under these Terms, then unless otherwise required by applicable law, the venue for such dispute will be in the California Superior Courts and the Federal District Court for the Northern District of California located in San Francisco, California, and you hereby irrevocably submit to the exclusive jurisdiction of such courts.

 

Consent to electronic communication

By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 

17.618.6 Notice to California residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.

 

General

This Site is operated and controlled from offices and location(s) in the United Kingdom. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United Kingdom. Oikla reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United Kingdom, you do so on your own initiative and you are solely responsible for complying with applicable local laws.  Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. In any dispute between Oikla and you, Oikla shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from you. You acknowledge that you have read these Terms and understand them, and agree to be bound by all the terms and conditions herein. No waiver by Oikla of any term or condition set forth in these Terms shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Oikla to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the enforceability of the remaining provisions. This is the entire agreement between you and Oikla relating to the use of this Site.