1. Intellectual Property Protection
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "Oconex Content"), are copyright of Oconex. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "Oconex" name and logo or other trade names appearing on the Site) for any reason without written permission from Oconex.
2. Use of Content
You may retrieve and display Oconex Content on a computer screen or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content.
3. Login and fees
The restricted customer login area contain a summary of assigned works by the client to Oconex. This area is accessible after completion of work and will be made available for the client for a period of 3 months for one off services; or indefinitely for continued services such as press coverage, conditional to the payment of the recurring fee. If your use of the Site is terminated by Oconex, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination.
4. Term and Termination
Oconex may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use Oconex Content) with or without cause by delivering notice to you.
The rights of termination are in addition to all other rights or remedies of Oconex provided in these Terms or by law.
5. Changes to the Site
Oconex reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Oconex Content available on the Site at any time and to restrict the use and accessibility of the Site.
6. Registration, Passwords and Responsibilities
Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to Oconex content and the site using your user name, sign-on password, and/or I.D. You agree to immediately notify Oconex if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of Oconex Content or the Site. You will provide Oconex with accurate, complete registration information (including in particular your e-mail address) and inform Oconex of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Oconex reserves the right to monitor and record activity on the Site, including access to Oconex.
Each registration is for a single user only. You may not share your user name and password with any other person, nor may you share or transfer your subscription. Oconex does not permit access through a single name and password being made available to multiple users on a network. Oconex may cancel or suspend your access to the Site if you do this without further obligation to you.
7. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Site, Oconex makes no warranty, express or implied concerning Oconex products or services available through the Site (the "Services" or “Solutions”), which are provided "as is". Oconex expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Oconex, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Oconex has been advised of the possibility that such damages may arise. Oconex does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties.
In no event will any liability of Oconex, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Oconex exceed the amount, if any, paid by you to Oconex in respect of the particular Site Service to which the claim relates.
Upon Oconex's request, you agree to defend, indemnify and hold harmless Oconex from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
8. Force Majeure
Oconex, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Oconex Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
9. Miscellaneous
Changes to these Terms. Oconex may, in its discretion, change these Terms (including those relating to your use of Site and/or Oconex Content). When Terms are changed, Oconex will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after Oconex has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Oconex Content may be subject to additional terms and conditions.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Oconex.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.