Ooola Secrets | Terms & Conditions | Ooola Secrets
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Terms & Conditions

The website https://ooolasecrets.com (hereinafter the “Website”) is run by Emmi Schweiz AG, Landenbergstrasse 1, CH-6005 Luzern, Schweiz (hereinafter “Emmi” or “we”).

These terms and conditions of use (hereinafter the “Conditions”) concern the use of this website. In using the website, you (hereinafter the “User” or “you”) hereby confirm that you have read and understood the present terms and conditions of use and that you agree to be bound by them. Refrain from using this website (or cease to use it) if you do not agree to be bound by the present terms and conditions of use.

This website and the information contained on it may be modified or updated without notice to you. Emmi reserves the right to review these Conditions or any other legal notice contained on the website, including the Emmi Privacy Policy. Any modifications shall take effect as soon as they are published on the website. You are therefore advised to visit the website regularly in order to check the terms and conditions of use and other legal notices, as the aforementioned are binding on you.

Access to the website

Access to our website is granted on a temporary basis and we reserve the right to withdraw or modify that access without notice to you (see below, “Website availability”). we will not be held liable in the event that the website is unavailable for any reason.

We reserve the right to block or restrict your access to the Website and/or the applications or other features of this Website and/or applications or other features or parts thereof at any time and without notice.

Website availability

Emmi strives to ensure the website is available 24 hours a day. Emmi may not be held liable for any lack of availability of the website for any reason and for any duration. Access to the website may be prevented temporarily and without notice by system failures, maintenance work, repairs or other events lying outside the control of Emmi.

Your access to the website, your ability to load some or all parts of the website and/or your registration (where applicable) may be withdrawn, blocked and/or terminated by Emmi at any time and without notice. Any limitations on the liability of Emmi shall continue to apply following any such termination.

The User is required to provide correct information at the moment of registration (where applicable) and to inform Emmi without delay if that information changes. Any access information and codes/passwords customised for the User and notified to the User are intended for the User’s personal use only and must be kept confidential and protected against unauthorised access by third parties.

Use of the Website

The Website may be used for legally permitted purposes only. The Website may specifically not be used in the following scenarios:

  • if the use of the Website would contravene any applicable regional, national or international laws or provisions;
  • if the use of the Website would infringe the rights of other persons in any other manner;
  • if the Website is used for illegal, deceptive or other illicit or dishonest purposes or objectives;
  • if the Website is used for the purpose of sending undesired or unauthorised promotional or commercial material or other similar advertising (spam); and
  • data or other material is transferred, sent or uploaded that contains viruses, Trojan horses, worms, timebombs, keylogger programs, spyware, adware or other harmful programs or similar computer code designed to have a negative impact on the functioning of software or hardware.

Links

You may link to our Website, provided that you do so in a reasonable and legal manner that does not jeopardise or exploit the reputation of the Emmi Group. You may not link to the Website in a manner that suggests you are in any way connected or associated with or approved or licenced by the Emmi Group (unless we have given you our consent in writing to do this). Emmi reserves the right to withdraw its consent at any time to any links being inserted.

Emmi may not be held liable for the contents of any websites operated by third parties and that can be reached via this Website. Emmi accepts no obligations, grants no warranties, guarantees or assurances and accepts no liability or responsibility (whether express or implied) with regard to any of the content of third party websites. All links to this Website are provided for your benefit only and do not signify that Emmi approves of or recommends the contents of the websites that link to this one.

Intellectual Property

The name “Emmi”, the Emmi logo, company symbol and brand are wholly owned by Emmi and/or its associated companies or licensors. No authorisation is granted to you to use this intellectual property. The Website and its contents are protected by national and international copyright laws and other laws safeguarding intellectual property.

With regard to the website and its contents (including any downloads provided for private use, etc.), Emmi and/or its associated companies, or the licensor, are the holders of the copyright and other rights to the intellectual property therein.

Individual parts of the Website may not be duplicated, modified, copied or used for commercial purposes without prior written permission from Emmi. You may download and display the contents of the Website on a computer screen or print it out for your own personal use (including these terms and conditions of use and the Emmi Privacy Policy), provided that you comply with copyright and other intellectual property rights. Any usage not in conformity with these terms and conditions of use may result in Emmi (and/or its associated companies and/or licensors) bringing legal action against you for breaching the intellectual property of the Emmi Group and/or of third parties.

Submissions

Any comments, suggestions, ideas or other content that you send or otherwise make available to Emmi (hereinafter “Submissions”) shall be deemed to have been transmitted to Emmi on a non-confidential basis. Emmi will not treat such Submissions as confidential and is entitled to use and utilise them at its own discretion without a time limit, at any location and free of charge. [To the extent that any Submissions are protected by intellectual property rights (including copyright, patents, design protection or trade mark), you hereby grant to Emmi a worldwide, perpetual, royalty-free, transferrable and sublicenseable licence to use, reproduce, modify, prepare derivative works from, distribute, publicly perform and publicly display those Submissions. If you do not want Emmi to have the rights set out in this section, do not send Submissions to Emmi.] [If you send Submissions to Emmi that contain your personal data and wish to exercise your data subject rights in respect of those Submissions, please refer to the Emmi Privacy Policy available at https://ooolasecrets.com/privacy-policy/.]

Data Protection and Personal Data

The manner in which personal data is gathered and processed by Emmi is described in Emmi’s Privacy Policy. The data protection information constitutes an integral part of these provisions. The Privacy Policy may be accessed via the ‘Privacy Policy’ link here: https://ooolasecrets.com/privacy-policy/.

Liability

To the maximum extent permitted by applicable law, the Website is made available without obligation, assurance, warranty or guarantee. Emmi, its associated companies and its agents, directors, employees, shareholders or representative of any of those companies hereby exclude any liability or responsibility for loss or damage of any nature (including but not limited to failure to make a profit, target savings or fruitless expenditure) that may arise via or in connection with your access to or use of this website or with any trust in this website, to the maximum extent permitted by applicable law. This shall apply regardless of whether any such loss or damage occurs during the normal course of events or is reasonably foreseeable, or whether it occurs as a result of other errors or omissions on the website (whether intentional or negligent in nature). Emmi does not exclude liability for death or personal injury attributable to the negligence or culpable conduct of Emmi, its associated companies or the agents, directors, employees, shareholders or representatives of any of those companies. Emmi’s liability is also not excluded or reduced in the event of grossly negligent acts or acts committed with illegal intent by Emmi, its associated companies or the agents, directors, employees, shareholders or representatives.

Although Emmi takes pains to ensure that there are no viruses or other destructive computer code on this website, we may not be held liable or responsible (whether explicitly or implicitly) with regard to any viruses or other such computer code. You should take appropriate protective measures in respect of your computer and/or device before using the Website or downloading content from it.

Nothing in this “Liability” section shall affect the liability of Emmi for goods, products and services purchased via associated websites. This liability is governed by the terms and conditions of sale applicable in each case.

Final provisions

In the event that Emmi should fail to enforce or implement any individual parts or rights flowing from these terms and conditions of use, this shall not be construed as a waiver of those parts or rights, unless Emmi acknowledges and declares that waiver in writing.

These terms and conditions of sale and the use of this Website are governed exclusively by the laws of England and Wales, to the exclusion of the provisions of international private law. The adjudication of any dispute under these terms shall fall within the exclusive jurisdiction of the English or Welsh courts. Emmi shall furthermore be entitled to bring proceedings before any other competent court for the purposes of safeguarding its copyright or any other claims vesting in it.

These provisions on applicable law and jurisdiction shall apply subject to the application of any mandatory national or international laws to the contrary.

These terms and conditions of use shall apply from 25 May 2018 onwards. They may be viewed on our website https://ooolasecrets.com/terms-and-conditions/ and may be printed out.