Optimus OD Limited Terms and Conditions

Welcome to Optimus OD Limited, a company registered in England and Wales under company number 07915512 and with our registered office ℅ Wise & Co. The Old Start, Church Street, Princes Risborough, Buckinghamshire HP27 9AA (“Optimus”, “We”, “Us”, “Our”)

Optimus provides training and facilitation services, available through its portals optimusod.com (“Optimus”) https://optimus-od-ltd.mykajabi.com/ (“Outward Mindset”) and these Terms apply to your registration and use of these portals and services available through them.

These terms and conditions and privacy policy (together the “Terms”) constitute a legally binding contract between Optimus and you.

About the Services (“Services")

Our Outward Mindset portal allows registered account holders (“Registered Users”) to access our training programme.

 

General Terms of Use

  1. Use of the Outward Mindset [Optimus] Site

The Services are provided for personal and/or business use and by providing us with your information, registering an account with us and by accessing or using our Services you are accepting and shall be bound by the following terms (“Terms”).

  1. Amendments to these Terms
    • We may update these Terms from time to time and any changes will either be notified to you via the e-mail address provided by you on registration or through an update to the Terms and other information published on the Site.
    • The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms you should not continue to use the Site. If you continue to use the such Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms.
  2. Registration
    • To register on the Site you must be over eighteen years of age, or have specific permission from your parents or guardian to do so.
    • You must ensure that the details provided by you on registration or at any time are correct and complete.
    • You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively. You are solely responsible for maintaining and updating your registration information and User Account.

 

  1. Password and Security
    • When you register to use the Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting Us immediately.
    • If We have reason to believe that there is likely to be a breach of security or misuse of either Site, we may require you to change your password or we may suspend your account.
  2. Intellectual Property
    • The content of both Sites is protected by copyright, trademarks, database right and other intellectual property rights. You must not reproduce, modify, copy or distribute or use for any purposes any of the materials or content on the Site without Our specific, written permission.
  3. Your Use of the Site(s)

You may not use the Site for any of the following purposes:

  • disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
  • transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
  • placing incorrect, misleading, false or otherwise fraudulent offers, bids or trades and/or making any misrepresentations in relation to your identity;
  • interfering with any other person’s use or enjoyment of the Site; or
  • making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

You will be responsible for any and all liabilities, whether direct, indirect or consequential arising out of your misuse of the Site and/or breach of this Clause 6, including any losses or costs incurred by Us in relation to the same.

  1. Availability of the Site(s)
    • Although we aim to offer you the best service possible, we make no promise that the services accessed through the Site will meet your requirements. We cannot guarantee that the service will be fault-free. If a fault occurs in the service, you should report it to [insert relevant contact] and we will attempt to correct the fault as soon as we reasonably can.
    • Your access to either Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably.
  2. Your liability
    • To the extent not otherwise set out in these Terms, you shall be liable for all your activity in relation to your User Account and use of the Site and you shall indemnify us to the fullest extent permitted by law for any and all losses, damage or claims whether direct, indirect or consequential arising out of your failure to comply with these Terms or otherwise.
  3. Our liability
    • Except as expressly stated in these Terms, we have no liability in relation to any Registered User who has registered to use the Services. We do not make any representation nor give any warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
    • We (including our directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or any special, indirect or consequential damages for any losses arising, directly or indirectly from:
      • your use of or your inability to use our Service;
      • use of or any reliance on any content displayed on our Site;
      • delays or disruptions in our Services;
      • viruses or other malicious software obtained by accessing, or linking to, our Service;
      • glitches, bugs, errors or inaccuracies of any kind in our Service;
      • damage to your hardware device from use of our Service;
      • a suspension or other action taken with respect to your account as a result of your breach of these Terms;
    • If we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to 100 Pounds Sterling (£100).
    • Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
  4. Disclaimer
    • While we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy and completeness of the material on the Site. We may make changes to the material on the Site at any time without notice. The material on the Site may be out of date, and we make no commitment to update such material.
    • The material on the Site is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Site.
  5. Third Party Websites

Where we include or may include links to other web sites or material, We shall not be responsible or accept any liability for content on any site outside the Sites.

  1. Applicable Law

These terms and conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.

  1. Miscellaneous
    • You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
    • We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
    • If any part of these Terms is determined, by court or a relevant authority, to be legally invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in full force and effect.
    • This Agreement is between you and Us. No other person shall have any rights to enforce any of its Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
    • These Terms and any other policies referred to form the entire agreement between you and Us concerning the use of our Service and supersede all previous agreements.
  2. Termination
    • If and to the extent that you breach any of these Terms we shall have the right to immediately suspend or terminate your registration, use and access to the Site.
    • If you wish to terminate this Agreement then you may do so by cancelling your registration but you shall remain liable for and We shall have no obligation to refund any fees you may have paid or agreed to pay for the services and the terms and conditions of those services shall apply.

 

Privacy and Data Protection

General

The following terms comprise part of the Terms of this Agreement and set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Personal data is and shall at all times be subject to the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and the UK Data Protection Act 1998.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting and/or using and/or registering with Optimus OD Limited you acknowledge and confirm that you are accepting and consenting to the practices described in this policy.

The data controller is Optimus OD Limited with our registered office at ℅ Wise&Co, The Old Star, Church Street, Princes Risborough, Buckinghamshire HP27 9AA. UK ICO Data Protection Registration Number [INSERT NUMBER HERE]

  1. Information we may collect from you
    • We have to have a legitimate basis for any data we collect from you. The following sets out the data we may collect and process the following data about you:
      • Information you give us. You may give us information about yourself or business by filling in forms on our Site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our Site, use our services and when you report a problem with our Site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
      • Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
  1. Technical information, including the internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform messages you send or receive using the messaging functionality on any of our platforms or systems;
  2. Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouseovers), and methods used to browse away from the page and any phone number used to call our customer service number.
  3. Information we receive from other sources.
  4. Cookies [have provided generic wording here applicable to most sites but yours may be different?]

Our Sites uses cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our Site, which helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site. The cookies we use are “analytical” cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the Site when they are using it. This helps us to improve the way our Site works, for example by ensuring that users are finding what they are looking for easily. You are free to decline cookies if your browser permits, however it may prevent you from using certain features on our Site.

  1. Uses made of the information
    • Information you give to us. We will use this information:
      • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us;
      • to notify you about changes to our service;
      • to ensure that content from our Site is presented in the most effective manner for you and for your computer.
    • Information we collect about you. We will use this information:
      • to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
      • to improve our Site to ensure that content is presented in the most effective manner for you and for your computer;
      • to allow you to participate in interactive features of our service, when you choose to do so;
      • as part of our efforts to keep our Site safe and secure;
      • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
  1. Disclosure of your information
    • We may share your information with selected third parties including:
      • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
      • Analytics and search engine providers that assist us in the improvement and optimisation of our site.
    • We may disclose your personal information to third parties:
      • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or to protect the rights, property, or safety of Optimus OD Limited, our clients, or others. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  1. Where we store your personal data
    • The data that we collect from you is stored on [INSERT DETAILS] and may be transferred to and stored at [IF YOU USE A SERVICE PROVIDER CAN SPECIFY THAT HERE] (or such other provider as we may use from time to time). By submitting your personal data, you agree to the storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
    • Your password enables you to access our Site. You are responsible for keeping this password confidential. We ask you not to share a password with anyone.
    • Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
  2. Your rights

You have 8 specific rights under the GDPR rules in relation to your data:

  • the right to be informed - which is the purpose of this policy;
  • the right of access to your data - should you wish to have access then you can send us an access request which we will promptly respond to;
  • the right to rectification - if you think that any of the data we hold about you is incorrect you can ask us to correct it;
  • the right to erase data - if you wish us to delete the data we hold you can ask us to do so and, subject to any regulatory retention requirements, we will do so;
  • the right to restrict what data we process - you can ask us not to process data. But do be aware that certain data may be required in order to provide you with our services;
  • the right to portability - you can ask us to transfer your data to someone else;
  • the right to object to our processing your data - we will review any objections but we may need to process certain data in order to provide our services;
  • rights relating to automated decisions - this does not currently apply to the services we provide.
  1. Consent
    • Under the GDPR rules, we have to obtain your active consent to obtain, process, hold and use your data. We do this as part of the process when you sign up to any of our services. This Privacy Policy forms part of the Terms & Conditions you have signed or will sign up to.
    • If you change your mind or wish to withdraw consent at any time you can do so either by using the preferences on our Site or email us at [INSERT CONTACT EMAIL HERE]
  2. Access to information

The GDPR rules and the (UK) Data Protection Act 1998 (the “Act”) give you the right to access information held about you. We will promptly respond to any such request within the GDPR timescales.

  1. Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

  1. Data Protection Officer

If you wish or need to contact our Data Protection Officer with any query or request you can do so at