Privacy Policy

BACKGROUND:

Sharps Bedrooms understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.sharps.co.uk (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with our obligations and your rights under the law.

Please read this Privacy Policy carefully and ensure that you understand it.

  1. Definitions and Interpretation

In this Policy, the following terms shall have the following meanings:

“Cookie”

means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 12, below;

“Cookie Law”

means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;

“personal data”

means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and

“We/Us/Our”

means Sharps Bedrooms Limited, a limited company registered in England under company number 07685430, whose registered address and main trading address is Springvale Park Industrial Estate, Bilston, West Midlands WV14 0QL.

  1. Information About Us

2.1 Our Site is operated by Us and in partnership with ETT INTL Group Limited, a limited company registered in England under company number 2018382, whose registered address is Heros Advertising & Public Relations Limited, C/O Grant Thornton Uk Llp, Kingfisher House, 1 Gilders Way, St James Place, Norwich, Norfolk, NR3 1UB and whose main trading address is 17-23 Ber Street, Norwich, Norfolk NR1 3EU

2.2Our VAT number is 118167418.

2.3 Our Data Protection Officer can be contacted by email at dataprotectionoffice@sharps.co.uk or by post by writing to Data Protection Office, Sharps Bedrooms Limited, Norwich House, Knoll Road, Camberley, Surrey, GU15 3FN.

  1. What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

  1. Your Rights

4.1 As a data subject, you have the following rights under the GDPR which this Policy and Our use of personal data have been designed to uphold:

4.1.1 The right to be informed about Our collection and use of personal data.

4.1.2 The right of access to the personal data We hold about you (see section 11);

4.1.3 The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 13);

4.1.4 The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 13);

4.1.5 The right to restrict (i.e. prevent) the processing of your personal data;

4.1.6 The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);

4.1.7 The right to object to Us using your personal data for particular purposes; and

4.1.8 Rights with respect to automated decision making and profiling.

4.2 If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 13 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.

4.3 For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.

  1. What Data Do We Collect?

Depending upon your use of Our Site, We may collect some or all of the following personal and non-personal data (please also see section 12 on Our use of Cookies and similar technologies)

5.1 name;

5.2 contact information such as email addresses and telephone numbers;

5.3 home address

5.4 IP address;

5.5 web browser type and version;

5.6 operating system;

5.7 a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to;

  1. How Do We Use Your Data?

6.1 All personal data collected online, instore or via telephone is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.

6.2 Our use of your personal data will always have a lawful basis, either because it is necessary for Our performance of a contract with you, because you have consented to Our use of your personal data (e.g. by subscribing to emails),or because it is in Our legitimate interests. Specifically, We may use your data for the following purposes:

6.2.1 Providing and managing your order;

6.2.2 Providing and managing your access to Our Site;

6.2.3 Personalising and tailoring your experience on Our Site;

6.2.4 Supplying Our products and services to you (please note that We require your personal data in order to enter into a contract with you);

6.2.5 Personalising and tailoring Our products and services for you;

6.2.6 Replying to emails from you;

6.2.7 Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time);

6.2.8 Customer postcode profiling

6.2.9 Analysing your use of Our Site and gathering feedback to enable Us to continually improve Our Site and your user experience;

6.3 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email, telephone, text message and post with information, news and offers on Our products and services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.

6.4 Third parties (including Google, DoubleClick, SpecificMedia and Criteo) whose content appears on Our Site may use third party Cookies, as detailed below in section 12. Please refer to section 12 for more information on controlling Cookies. Please note that We do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.

6.5 You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it.

6.6 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. If you wish your information to be deleted earlier than this, please contact Us for more details at dataprotectionoffice@sharps.co.uk, (or using the contact details below in section 13).

  1. How and Where Do We Store Your Data?

7.1 We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.

7.2 Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.

  1. Do We Share Your Data?

8.1 We may sometimes contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.

8.2 We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.

8.3 We may sometimes use third party data processors that are located outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). Where We transfer any personal data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR

8.4 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.

  1. What Happens If Our Business Changes Hands?

9.1 We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.

9.2 In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes. When contacted you will not, however, be given the choice to have your data deleted or withheld from the new owner or controller.

  1. How Can You Control Your Data?

10.1 In addition to your rights under the GDPR, set out in section 4, when you submit personal data via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us).

10.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”) and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

  1. How Can You Access Your Data?

You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. We may refuse to comply with the data request if it is manifestly unfounded and/or excessive. Please contact Us for more details at dataprotectionoffice@sharps.co.uk, or using the contact details below in section 13.

  1. Our Use of Cookies

12.1 Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products and services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

12.2 By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. Third party Cookies are used on Our Site for:

  • allowing us to count page visits and traffic sources so we can measure and improve the performance of our site;

  • aiding website performance;

  • serving more relevant ads across the web and limiting the number of times an ad is shown to you;

  • matching collected data to URLS, visits to web pages and our advertising;

  • the provision of personalised ads.

For more details, please refer to section 6, above, and to section 12.6 below. These Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them.

12.3 All Cookies used by and on Our Site are used in accordance with current Cookie Law.

12.4 Before Cookies are placed on your computer or device, you will be shown a pop up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended.

12.5 Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 12.6. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 12.8, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

12.6 The following first party Cookies will be placed on your computer or device:

Name of Cookie

Purpose

Strictly Necessary

W3tc

 Aids website performance

Yes

The following third-party Cookies may be placed on your computer or device if you consent to do so:

Name of Cookie

Provider

Purpose

_utma, _utmb, _utmc, _utmz

Google

These cookies allow us to count page visits and traffic sources so we can measure and improve the performance of our site, using a service provided by Google Analytics. For more details on managing Google Analytic Cookies go to Google

Id, ug

DoubleClick

Google uses the DoubleClick cookies on AdSense sites, partner sites and certain Google services to serve more relevant ads across the web and limit the number of times a given ad is shown to you. For more details on managing DoubleClick Cookies go to Google

JSESSIONID

SpecificMedia

Cookies and pixels provide us with the ability to create an ID in order for us to match collected data to an anonymous machine including:

  • The URLs (or website address) of web pages which have been viewed
  • The date and time of a visit to a web page
  • Whether the user has clicked on an ad of one of our Advertisers, visited their website or undertaken a transaction with them.

 

Dis, evt, tag, tst, udc,udi, uic, uid

Criteo

Criteo provides you with personalised adverts when you visit selected other websites by placing a Criteo cookie on your computer. This cookie does not contain any personal data. For more details on Managing Criteo Cookies go to Criteo

12.7 Our Site uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products and services offered through it. You do not have to allow Us to use these Cookies, however, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.

12.8 In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third-party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

12.9 Not allowing Cookies can impact how Our Website performs, however if you do not wish to allow Cookies you can do so via your browser settings. You can also delete existing cookies or set your browser to notify you each time new cookies are placed on your computer or other device. You can find more detailed information about how you can manage Cookies through your browser’s help function.

12.10 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

  1. Contacting Us

If you have any questions about Our Site or this Privacy Policy, please contact Us by emailing us at dataprotectionoffice@sharps.co.uk or by writing to Data Protection Office, Sharps Bedrooms,  Norwich House Knoll Road, Camberley, Surrey, GU15 3FN. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above).

  1. Changes to Our Privacy Policy

We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

 OLAPIC CONTENT UPLOAD TERMS OF USE:

Olapic, Inc. (“Olapic”) provides social content management services (the “Services”) for brands (“Brands”) subject to the following Terms of Use (“TOU”, “Terms of Use” or “Terms”). Olapic reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you access the Olapic website available at olapic.com (the “Site”) or use the Services, to stay informed of any changes to the Terms of Use. Any access or use of the Site or Services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

USE OF THE SERVICES: These TOU apply to all of the Olapic Site and Services, unless otherwise provided. In addition, when using Services provided by Olapic to a Brand, you may be subject to additional terms of use, agreements, guidelines or rules provided by the Brand applicable to such Services. Subject to these Terms, Olapic grants you a limited license to use the Olapic Services in accordance with these Terms and any terms of service, instructions and guidelines posted by Brands with whom you interact. Olapic reserves the right to terminate your license to use the Site and Services at any time and for any reason. Olapic may change, suspend or discontinue your use of the Site and Services for any reason at any time, including discontinuing the availability of any feature, database or content.

You are solely responsible for your use of the Services. You certify to Olapic that you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site.

Olapic facilitates the direct upload of user photos, text, graphics, audio, video, location information and comments (“User Content” or “User Generated Content”) to websites and other digital properties operated by Brands, for use by the Brands in marketing, promotional, advertising and other customer engagement channels, as well as the collection of User Content from social media sites on behalf of Brands. Brand properties and the content residing thereon, and Brand business practices and privacy policies are not under Olapic’s control, and Olapic is not responsible for and makes no claims regarding the accuracy or legality of any User Content, Brand Content or anything therein. The inclusion of User Content on the Site or Services does not imply Olapic’s endorsement of or any affiliation with you, the User Content, or any Brand featured in such User Content.

USER CONTENT: By uploading User Content to this Site or by accepting these TOU in connection with otherwise making User Content available to Olapic, you grant to the Brand, its third-party service providers who provide content management services including Olapic, and its retail partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.

You hereby represent and warrant that (i) you own all rights in and to your User Content, or, if the User Content is subject to third party proprietary rights, including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (ii) you are not a minor, (iii) you are legally entitled to post the User Content, , and (iv) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive and the Licensed Parties’ use of your User Content as described herein will not violate any other law. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

The Licensed Parties reserve the right to remove any User Content from the Site, the Brand properties and the Services at any time, for any reason. If you believe User Content residing on the Site or the Services infringes a copyright, please refer to our Copyright Policy below.

PRIVACY: By agreeing to these TOU you are consenting to Olapic’s collection and processing of your personal data as described in the Olapic Privacy Policy: http://olapic.com/privacy-policy/.

INTELLECTUAL PROPERTY RIGHTS: The Olapic Site and Services contain proprietary information owned by Olapic, including, but not limited to, text, software, photos, video, graphics and the entire contents of the Olapic Site and Services, protected by copyright, trademark and other intellectual property laws. The Licensed Parties’ properties contain proprietary information owned by or licensed to the Brand or its retail partner, and protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Olapic and the Licensed Parties by using the Olapic Site or Services.

COPYRIGHT POLICY: If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) summarized below.

If you believe that any User Content or other material residing on or accessible through the Site or Services infringes a copyright, please send a written notification of copyright infringement by regular mail (not e-mail) to the following “Designated Agent” for purposes of receiving notice under the DMCA relating to the Site and Services:

Olapic Inc.

Brookfield Place

250 Vesey Street, 4th Floor

New York, NY 10281

(888) 399-6685

To be effective, the written notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Olapic to locate the material;

Information reasonably sufficient to permit Olapic to contact the complaining party, such as an address, telephone number and if available an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once proper infringement notification is received by the Designated Agent, it is Olapic’s policy to: (a) remove or disable access to the infringing material; (b) notify the provider of the material or user that it has removed or disabled access to such material; and (c) terminate repeat infringers’ access to the Site and Services.

A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to Olapic’s Designated Agent within thirty (30) days of the date the material was removed from the site. To be effective, a counter notification must be a written communication that includes substantially the following:

A physical or electronic signature of the person submitting the counter notification;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

The name, address and telephone number of the person submitting the counter notification and a statement that such person consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if such person’s address is outside of the United States, for any judicial district in which Olapic may be found, and that such person shall accept service of process from the person who provided the infringement notification or from their agent.

Upon receipt of a counter notification, containing the information as outlined above, Olapic shall promptly provide the complaining party with a copy of such counter notification and shall inform the complaining party that it will replace the removed material or cease disabling access to it. Olapic shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided Olapic’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Olapic Site or Services.

LIMITATIONS OF LIABILITY: IN NO EVENT WILL OLAPIC, ITS AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE OLAPIC SITE OR SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE OLAPIC SITE OR SERVICES. YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES AND HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT ON THE OLAPIC SITE AND SERVICES. IN ADDITION, NEITHER OLAPIC NOR ITS AFFILIATED COMPANIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE OLAPIC SITE OR SERVICES; OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU; OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

DISCLAIMERS: THE OLAPIC SITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

IN PARTICULAR, OLAPIC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT: (A) YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE OR SERVICES WILL BE CORRECTED.

INDEMNITY: You agree to defend, indemnify and hold harmless Olapic, its affiliates and their respective directors, officers, employees and agents, from and against all claims and expenses (including attorneys’ fees) arising out of or connected to the use of the Olapic Site or Services, by you or any other person using an account of yours. Olapic reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Olapic with such cooperation as is reasonably requested by Olapic.

TERMINATION: You agree that Olapic, in its sole discretion, may terminate your use of the Olapic Site or Services. You agree that any termination of your access to the Site or Services under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Olapic may immediately remove all related information and files associated with your use of the Site or Services. All provisions of these Terms which by their nature should survive termination shall survive termination; including, but not limited to, intellectual property rights, limitation of liability, disclaimer of warranty and indemnification.

MISCELLANEOUS: These Terms of Use, the Olapic Privacy Policy and any operating rules for the Site or Services constitute the entire agreement between Olapic and you with respect to the subject matter hereof; and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof.

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Olapic’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect. Olapic expressly reserves the right to transfer, assign or delegate these Terms of Use and any of its rights or obligations hereunder without consent.

You agree that if Olapic does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Olapic has the benefit of under any applicable law),this will not be taken to be a formal waiver of Olapic’s rights and that those rights or remedies will still be available to Olapic.

The Terms of Use, and your relationship with Olapic, shall be governed by the laws of the State of New York, USA without regard to its conflict of laws rules. If you access the Site or Services from any location other than the United States, you accept full responsibility for compliance with all local laws. You and Olapic agree to submit to the exclusive jurisdiction of the courts located within New York City, New York, USA to resolve any legal matter arising from the Terms of Use and your relationship with Olapic. Notwithstanding this, you agree that Olapic shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

Any notices required or permitted by these Terms must be in writing and in English and shall be deemed effective upon receipt when sent by confirmed e-mail to legal@olapic.com or when delivered in person by a nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid to:

Olapic Inc.

Attn: Legal Department

Brookfield Place

250 Vesey Street, 4th Floor

New York, NY 10281

 

© 2018 Olapic, Inc.

All rights reserved.