OCIO Terms and Conditions of Membership, OCIO+ Membership and Business Participation

Introduction

1.1 This page (together with the documents referred to on it) tells you the terms and conditions on your use of the OCIO app. Further details regarding OCIO can be found on our website www.ocio.website (our site). Please read these terms and conditions carefully and make sure that you understand them, before downloading the OCIO app. You should understand that by downloading the OCIO app, you agree to be bound by these terms and conditions.

1.2 You should print a copy of these terms and conditions for future reference.

1.3 Please click on the button marked “Click here to confirm you have read and agree to our terms and conditions and that you consent to us processing your data in accordance with our privacy policy” on the OCIO registration page on our site if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to use the OCIO app.

1.4 We reserve the right to amend these terms and conditions at any time by giving you notice by posting the amended terms and conditions on our site. However, please note that you will be subject to the terms and conditions in force at the time that you subscribed to OCIO, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to subscriptions previously acquired by you).

1.5 By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Kobaul (App Developer)

1.6 OCIO is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

1.7 The OCIO app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the OCIO app won’t work properly or at all.

1.8 You should be aware that there are certain things that OCIO will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but OCIO cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left. If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

1.9 Along the same lines, OCIO cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, OCIO cannot accept responsibility.

1.10 At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. OCIO does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

1.11 We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

1.12 If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us

Your status
2.1 By downloading the OCIO app, you warrant that you must be 18 or older, or be 13 or older and have parent or guardian consent.

Participating partners and use of OCIO

3.1 OCIO is a platform for businesses to advertise deals. Businesses service and amend their own profile within the OCIO app, promoting deals that they may be currently offering in store and are accessible to the general public. Therefore presentation of your OCIO membership may not be necessary in the vast majority of cases and these deals are subject to terms and conditions set out by the business.

3.2 Participating businesses may exclude Fridays, Saturdays, all of December and bank holidays. Please refer to individual business terms and conditions as other exclusions may apply.

3.3 We will use reasonable endeavours to update our app to show the particulars of participating businesses. However, as stated in 3.1, individual businesses service and amend their own profile

3.4 Businesses reserve the right to refuse any discount without prior notice, however we encourage businesses not to do this and to keep their profile up to date at all times.

3.5 Further clauses relating to business participation are added for users of OCIO X in section 11

Our liability
4.1 Subject to clause 4.3, if we fail to comply with these terms and conditions, we shall only be liable for the subscription fee.

4.2 Subject to clause 4.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

4.2.1 loss of income or revenue;

4.2.2 loss of business;

4.2.3 loss of profits; or

4.2.4 loss of anticipated savings.

4.3 Nothing in this agreement excludes or limits our liability for:

4.3.1 death or personal injury caused by our negligence;

4.3.2 fraud or fraudulent misrepresentation;

4.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

4.3.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

4.4 Where you purchase food from any participating restaurant or food service provider, any losses or liability arising out of, or in connection with, such food shall be the relevant participating restaurant’s/food service’s liability. We accept no liability for any bad experiences or bad food at any of the participating restaurants/food service provider. We will not become involved in any dispute between you and any restaurant/food service provider.

4.5 We do not give any warranty for any goods or services accessed through, or displayed on, our site.

Written communication

5.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Waiver

6.1 Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them.

Severability
7.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Third party rights

8.1 A person who is not party to these terms and conditions shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.

9 Entire agreement

9.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions. We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.

10 Law and jurisdiction

10.1 This agreement shall be interpreted in accordance with the English law and subject to the non-exclusive jurisdiction of the English Courts.

11 Further clauses for OCIO+ users

11.1 Introduction

11.1.1 The clauses set out for OCIO+ members below are in addition to sections 1-10 set out above. OCIO+ members have the ability to access exclusive deals offered by participating businesses on top of those offered to the general public

11.1. Price and payment

11.1.1 The price of OCIO+ subscription will be as quoted on our site

11.1.2 Prices are liable to change at any time, you will be notified of any such price change and will have a reasonable period of time to cancel your OCIO+ membership if necessary.

11.1.3 Payment must be by credit or debit card, or by such other method as we may agree from time to time. We will charge your credit or debit card when your subscription is placed.

11.2. Membership Cancellation

11.2.1 You have the right to cancel your subscription to OCIO+ at any time. To cancel your OCIO+ subscription email business@ocio.website. There is no cooling off period with regards to an OCIO+ membership as such any monthly payment will validate membership for a month from the day of payment even if you cancel your subscription during this payment.

11.3. Term

11.3.1 The subscription is an on-going service so your membership is continuous and is renewed automatically at the end of each membership period (A month). Your renewal date is the expiry date noted on your OCIO+ profile page. We will not be liable for any non-receipt of communication from us, including non-receipt of the renewal reminder. You are required to inform us if you change your correspondence address. If you do not want to renew your membership please refer to section 11.2 above

11.4 Terms of Use

11.4.1 As OCIO+ members have access to exclusive deals proof of membership will be required to access these. Proof is constituted by showing the respective attendant your OCIO profile which will detail that you are an OCIO+ member. Failure to provide proof could result in the deal being refused.

11.5. How the contract between you and us is formed

11.5.1 Your subscription constitutes an offer to become an OCIO+ member. The contract between us will only be formed when we send you a confirmation of payment.

12 Further clauses for Business Participation

12.1 Introduction

12.1.1 The clauses set out for Business Participation below are in addition to sections 1-10 set out above. OCIO exists to help promote local businesses and recognise the part they play in in the local economy

12.2. Price and Payment

12.2.1 Business participation is free of charge

12.3. Terms of use

12.3.1 Businesses can promote up to three deals at any one time in addition to any exclusive deals you may wish to offer for OCIO+ members. OCIO does not force the creation of exclusive deals but would encourage businesses to do so. Preferential treatment will not be given to those businesses who do offer exclusive deals.

12.3.2 Because OCIO exists to help promote local business only businesses who classify as Small and Micro-entity in relation to UK Government terminology and thresholds qualify for participation.

12.3.3 There may be exceptions to clause 12.3.2 for example if a business who does not fit the thresholds only services its immediate community. Different criteria will be applied to businesses who operate as chains and who may have the same parent company. Businesses participation will be looked at on a case by case basis. If you require further information on this please email business@ocio.website

12.3.4 OCIO reserves the right to refuse and withdraw business participation with appropriate notice and without reasoning

12.4 Businesses reserve the right to refuse any deal (whether general or exclusive) in line with your own Terms and Conditions but we would strongly advise you keep your OCIO profile up to date with current deals and appropriate Terms and Conditions.