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Terms & Conditions

TERMS OF USE

PLEASE READ THE FOLLOWING CAREFULLY.

IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SITE AND APP. These Terms of Use govern your use or purchase merchandise on our website (the “Site”) and our OVO Store mobile application (the “App”) which are owned, operated and provided by October’s Very Own Merchandising Limited or its affiliates ("OVO", "we", "our", "us"). . ANY PERSON WHO WISHES TO USE OUR SITE AND APP OR PURCHASE OUR PRODUCTS MUST ACCEPT THESE TERMS OF USE WITHOUT CHANGE. BY USING OUR SITE AND APP OR PURCHASING OUR PRODUCTS, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE AND ALL RELATED POLICIES AND GUIDELINES OF THIS SITE, INCLUDING OUR PRIVACY POLICY, AS DESCRIBED IN THESE TERMS OF USE ARE INCORPORATED BY REFERENCE.

For customers in the European Union, "OVO", "we", "our", "us" means October’s Very Own Merchandising Limited, a company incorporated in England and Wales with company number 10162607. You can write to OVOUK at infoeurope@octobersveryown.net OVOs registered office is at 31-32 Ely Place, London EC1N 6TD UK. To contact OVO by email, please use the following email address: infoeurope@octobersveryown.net. If you do not agree to these terms, you must not use our Site or App. We recommend that you print a copy of these terms for future reference.

1. Modifications to Terms of Use

We may change these Terms of Use or any other policies or guidelines governing our Site and App at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on our Site. Your use of our Site and App will be subject to the most current version of the Terms of Use posted on our Site at the time of such use. Your continued use of our Site and App after such changes are implemented constitutes your acknowledgment and acceptance of the changes. PLEASE CONSULT THESE TERMS OF USE REGULARLY. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF OUR SITE OR APP.

2. Privacy Policy and Cookie Policy

These Terms of Use refer to the our privacy policy and cookie policy which also apply to your use of our Site and App. Please click here to read and review our Privacy Policy, which describes our privacy policies and practices in detail, as we may amend that policy from time to time. We advise you to check our Privacy Policy on a frequent basis for changes. You hereby consent to our use of your personal information in accordance with the terms and for the limited purposes described in our Privacy Policy. By agreeing to these Terms of Use, you acknowledge and agree that certain information about you is subject to our Privacy Policy. Our Cookie Policy sets out information about the cookies on our Site and App.

If you purchase products from our Site or App, our terms and conditions of supply will apply to the sales of products.

Your Registration Obligations

  1. We may at times require that you register and/or set up an account to use certain portions of our Site or App. In order to do so, you may be provided, or required to choose, a password, username, and/or other registration information, including, but not limited to, personal information (collectively, "Registration Information"). You represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on our Site. If we believe that the Registration Information that you provided is not correct, current, or complete, we reserve the right to refuse you access to our Site or App or to purchase our Products.
  2. You are solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. OVO has the right to disable any Registration Information, whether chosen by you or allocated by OVO, at any time, if in its reasonable opinion you have failed to comply with any of the provisions of these terms of use.
  3. If you have reason to believe that your account is no longer secure (for example, following a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site, if available, or by notifying us at infocanada@octobersveryown.net or as described in our Privacy Policy. We will not be responsible for the unauthorized use of your profile by any other person and disclaim any and all liability that may be associated with such use.

3. License Grant and Restrictions on Use

  1. So long as you comply with these Terms, OVO hereby grants to you a limited, non-exclusive, non-transferable, revocable, non-sublicensable right to download and use the App on a compatible mobile device solely for your personal, non-commercial purposes. You may not use our Site or App for any other purpose without our express prior written consent.
  2. The App is licensed, not sold, to you. Except as expressly provided for in these Terms of Use, OVO reserves all rights, title and interest in and to the Site and App, including all intellectual property and other proprietary rights.
  3. You may not and may not authorize any other party to: (i) co-brand our App; (ii) frame our Site; or (iii) hyperlink to our Site, without the express prior written permission of an authorized representative of OVO. For purposes of these Terms of Use, “co-branding” means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our App or which may confuse a user as the nature of the relationship between us and any party. You agree to cease and desist causing any unauthorized co-branding and framing or hyperlinking upon notice from us and at all times you will cooperate with us following our discovery of any such illegal activity. Consider: You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

4. Additional Terms for Mobile Users

  1. Your use of our App must be in accordance with all third party usage rules and policies that may exist from time to time (“Usage Policies”) applicable to you or your use of our App that may relate to any service provider, mobile device platform or the method you downloaded our App. You are solely responsible for determining the Usage Policies that apply to your use of the App.
  2. Your use of the App requires usage of data services. You acknowledge and agree that you are solely responsible for any and all data fees that your wireless service carrier may charge and any other applicable fees in connection with your use of the App.
  3. You must not use this App on any device that you know or have reason to believe has had its standard protections and limitations removed, including, but not limited to a device that has been “rooted” or “jailbroken”.
  4. The following additional terms and conditions apply with respect to any App that OVO provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):
    1. You acknowledge that these terms are between you and OVO only, and not with Apple, Inc. ("Apple").
    2. Your use of OVO's iOS App must comply with Apple's then-current App Store Terms of Service.
    3. OVO, and not Apple, is solely responsible for our iOS App and content available thereon.
    4. Your use of the iOS App is limited to Apple branded products that you own or control and as permitted by the Usage Policies set forth in the App Store Terms of Service.
    5. You acknowledge that Apple has no obligation to provide maintenance and support services whatsoever with respect to our iOS App.
    6. To the maximum extent permitted by applicable law, Apple will have no warranty obligations, whether express or implied by law whatsoever with respect to our iOS App. To the extent not effectively disclaimed, any warranties remain with OVO. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for iOS App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty will be OVO’s sole responsibility.
    7. You agree that OVO, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to us as provider of the iOS App.
    8. You agree that OVO, and not Apple, shall be responsible, in the event of any third party claim that the iOS App or your possession and use of our iOS App infringes that third party’s intellectual property rights, and OVO, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such third party intellectual property infringement claim.
    9. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    10. You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
    11. If you have any questions, complaints or claims regarding the iOS App, please contact OVO at infocanada@octobersveryown.net.
    12. The parties agree that Apple and Apple's subsidiaries are third party beneficiaries to these terms as they relate to your license of OVO's iOS App. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.

5. Terms and Conditions applying to the Sale of Products

From time to time you may purchase products from OVO through our Site and App (“Products”). Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss before you place any order.

All orders and purchases of Products made through our Site and App are subject to the terms and conditions set out in this section 5 and the shipping terms set out in section 6. You may amend your order and correct errors by navigating through the order pages prior to submitting your order.

  1. When the contract is formed: By submitting an order you are offering to buy Products from OVO. You may receive an order acknowledgement but a binding contract is only created when OVO despatches the Products to you. We will assign an order number to your order. It will help us if you can tell us the order number whenever you contact us about your order.
  2. Your information: You are responsible for providing complete and accurate contact information to us and for notifying us of any changes to such information to infocanada@octobersveryown.net.
  3. Prices and payment: The online order form that is used at the time of purchase (the "Order") will specify the Products that you intend to purchase from OVO their price and delivery charges. When you must pay and how you must pay will be identified during the order process. You must pay for the Products before we dispatch them. Please see 5(j) below if we have got the price wrong. All prices listed on our Site or App are in English pounds and include value added tax. All charges will be processed in English pounds, unless stated otherwise. If the rate of VAT changes between your Order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
  4. Company credit cards. If you are purchasing Products with a company credit card, you must be an authorised representative of the company.
  5. Customs and Taxes. You agree to pay for all charges noted in your Order as payable by you. You are responsible for delivery charges in your Order and any applicable duties and taxes imposed on any transactions conducted on or in connection with this Site or App. WE ARE NOT RESPONSIBLE FOR ANY CUSTOMS AND/OR DUTIES & TAXES APPLIED TO YOUR ORDER.
  6. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order. You agree to us contacting you by email and through notifications and messages on our Site and our App in connection with any contract with you unless applicable law requires us to contact you in a different way. We may make invoices available electronically.
  7. If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Product (or will refund you if we have already charged you). This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
  8. Products may vary slightly from their pictures. The images of the Products on our Site and App are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. The packaging of the Product may vary from that shown in images on our Site or App.
  9. Our Rights To Make Changes: We may change the Products to implement minor technical adjustments. While OVO takes great care to ensure its Site and App is accurate and that correct availability of Products are shown, errors and/or inaccuracies may occur. OVO may correct errors or inaccuracies and change or update information on the Site and App at any time without notice, including in respect of prices and availability of Products.
  10. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product's correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product's correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you at the wrong price.
  11. Personal Use of Products: You may only purchase or order Products for non-commercial and lawful purposes and any other use is not permitted, unless you have received prior written consent from OVO. You may not purchase Products for resale.
  12. Minimum Age: You must have reached the age of majority (the age at which you are considered by law to be an adult) in your own jurisdiction to purchase Products using the Site and App.
  13. When you become responsible for the Product. A Product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
  14. When you own the Products. You own a Product once we have received payment for it in full.
  15. Limits to quantities. OVO reserves the right to limit the quantities of items that you can purchase, to reject, correct, cancel or refuse Orders, and to terminate accounts in its discretion including, without limitation, if OVO believes that your conduct contravenes applicable law or is harmful to the interests of OVO or its representatives, agents, contractors, suppliers or licensees.
  16. When we will provide the Products. During the Order process we will let you know when we will provide the Products to you. OVO will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, OVO will not be responsible for any delays in delivery which are beyond its control. We will deliver Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your Order. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
  17. Stock availability. If any Product listed or shown for purchase through the Site or App is back ordered or no longer available in OVO’s inventory, the Site or App will display a warning message to alert consumers as soon as feasible.
  18. Online payments. We offer an online payment service that is controlled and operated by a third party site (i.e., Shopify Inc.). We do not have any control or association with this third party site. If you have any questions or concerns about this third party’s payment service including technical issues, you may contact Shopify at 1-888-746-7439 or www.shopify.com.
  19. Exercising your right to cancel your contract. For most products bought online you have a legal right to change your mind within 14 days that you or a third party nominated by you (in the UK other than a carrier) takes possession of the Products and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. If your Products are split into several deliveries over different days you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products. You do not have a right to cancel your contract for (a) digital products after you have started to download or stream these or (b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them. You may also cancel your Order before we despatch the Products to you.
  20. How to cancel your contract under your right to cancel: Tell us you want to end the contract. to end the contract with us, please let us know by doing one of the following: (a) Email: Email us at infoeurope@octobersveryown.net. Please provide your name, home address, details of the order and, where available, your phone number and email address.(b) Online: Complete the form on our Site (c) By post. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
  21. Returning products after you cancel the contract under your right to cancel. If you cancel the contract under your right to cancel after Products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Unit 1, Bittern Place, Coburg Road, London, N22 6TP or (if they are not suitable for posting) allow us to collect them from you. Please email us at infoeurope@octobersveryown.net for a return label or to arrange collection. You must send off the Products within 14 days of telling us you wish to cancel the contract. Where you are exercising your right to cancel the contract, you must pay the costs of return. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
  22. Refund of price when you cancel the contract under your right to cancel. You must take reasonable care of the Products while in your possession. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer even if you chose a more expensive delivery method. We will make any refunds due to you if you within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
  23. Other returns or exchanges. Other than when you exercise your right to cancel under the Consumer Contracts Regulations 2013, we do not accept returns or exchanges unless the Product you have bought is faulty or misdescribed in which case you may have a legal right to get the Product repaired or to get some or all of your money back. We are under a legal duty to supply Products that are in conformity with this contract. If you believe the Product you receive is defective or incorrect then you must contact us via email at infoeurope@octobersveryown.net to request a return within a reasonable period of time. All return requests should include your Order number and a description of the Product(s) that you would like to return and a description of the defect. OVO will then contact you to discuss your request. If OVO determines that the Product is defective, we will either exchange your product or refund the purchase price, using the original payment method.
  24. We may end the contract if you break it. We may end the contract for a supply of Product at any time by writing to you if you do not make any payment to us when it is due or you do not, within a reasonable time, allow us to deliver the Product to you.

LIMITATION OF LIABILITY RELATING TO THE SUPPLY OF PRODUCTS

  1. We exclude all conditions, warranties, terms and representations whether express or implied by law, custom or otherwise whether in contract, tort (including negligence), breach of statutory duty, or otherwise to the maximum extent permitted by law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  2. Please note that we only provide our Products for domestic and private use. You agree not to purchase or order any Products for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

6. Shipping

  1. You are responsible for all fees associated with shipping and handling for your Order. In addition, your Order may be subject to the customs fees and import duties of the country to which you have your Order shipped. You are responsible for such fees and import duties. We provide the shipping rates and times on our Site
  2. The delivery times are described on our Site are estimates only and Orders may experience delays during periods of high traffic and for additional reasons. Please check back with us periodically for any updates regarding our shipping policies. Please note some certain products will have higher shipping costs. This will be indicated on the Product page.
  3. Please note that we do not ship any Orders to P.O. Boxes.
  4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
  5. If you do not after a failed delivery to you, re-arrange delivery or collect Products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

7. Proprietary Content

The entire contents of our App and Site, including without limitation, all names, designs, graphics, images, illustrations, photographs, artwork, video, audio, software, code, data, text, displays, the App and Site’s “look and feel”, logos, slogans, trade-marks, trade names, service marks, domain names, and the design, selection, arrangement and presentation of the Site as a collective work and/or compilation is protected under Canadian copyright, trade-mark, competition and other laws of Canada and other nations, and is owned by us or has been licensed to us. Except as expressly provided in these Terms of Use, nothing contained in this Site or App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark, service mark, or any other intellectual property.

8. Third Party Content

  1. Our Site and App may also contain information or materials (“Third Party Content”) that is owned or provided by persons other than OVO (“Third Party Providers”). We make no representations and warranties with respect to any such Third Party Content and do not undertake to conduct any independent investigation of Third Party Content. Inclusion of Third Party Content from Third Party Providers on our Site or App does not mean, unless expressly stated otherwise, that we endorse or agree with such Third Party Content.
  2. You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
  3. You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers. You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use.
  4. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
  5. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  6. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
  7. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
  8. If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. Hyperlinks

Our Site and App contain hyperlinks to other sites that are not maintained by, or related to, OVO. Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by OVO of, any affiliation with or endorsement by the owner of the linked site. We have no control over such third party sites. We are not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to our Site or App. Use of such third party sites, including any information, material and services in these sites, is solely at your own risk. You also understand and agree that our Privacy Policy is applicable only while you are using our Site and App. Once you are linked to another site, you should read the privacy statement of that site before disclosing any personal information.

10. Use of our Site and App

  1. We expect that you will access and use our Site and App in a professional and responsible manner in accordance with applicable laws. By using our Site or App or purchasing our Products, you have the opportunity to engage in dialogue with representatives of OVO if you send us emails or contact us through our Site and App. We welcome your questions, suggestions, ideas and other information (collectively “Suggestions”) that you communicate to us so long as none of those Suggestions or any such interaction is obscene, illegal, threatening, defamatory, libellous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful or racially, ethically or otherwise objectionable, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties.
  2. You are not obligated to provide us with Suggestions regarding our Site App or Products. However, if you do provide us with Suggestions, then we retain all rights to any Suggestions that you may provide to us and you agree to grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use your Suggestions in any commercial manner.
  3. You further agree that you must use our Site and App for lawful purposes only and represent and warrant that you will not use our Site and App to:
  4. e-mail, provide us with or otherwise transmit any Suggestions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  5. e-mail, provide us with or otherwise transmit any Suggestions that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
  6. remove any proprietary notices or labels, or any promotional or advertising material, from our Site and App;
  7. e-mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  8. impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Site or otherwise communicating with us;
  9. upload, e-mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any OVO or third party computer hardware, software, networks, or hardware or telecommunications equipment;
  10. interfere or attempt to interfere with or disrupt our Site or App including but not limited to our servers or networks connected to our Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” our Site or disobeying any requirements, procedures, policies or regulations of networks connected to our Site or App;
  11. direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;
  12. intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Site and App; or
  13. modify, adapt, assign, copy, sublicense, translate, rent, sell, reverse engineer, decompile or disassemble our App (except as may be expressly permitted in these Terms of Use), including but not limited to any portion of our Site.

11. Disclaimer of Warranties/Limitation of Liability

  1. You understand that we will use commercially reasonable efforts to provide our Site and App but we cannot and do not guarantee or promise any specific and intended results from the use of our Site and App. OVO therefore makes no representations, warranties, conditions or guarantees that any pictures or descriptions of Products on the Site or App are accurate, complete, reliable or error-free or that the quality and content of our Site, App and Products will meet your expectations or requirements.
  2. We do not represent or warrant that files or information available for access or downloading from the Internet, hyperlinked sites, our Site or App or any files and emails made available by us will be free of viruses, worms, malware, Trojan horses or other code that may manifest contaminating or destructive properties. Your use of the internet is at your own risk and you are solely responsible for any damages to your computer systems or loss of data that results from any access to our site and app.
  3. Your use of our Site and App is at your own risk. our Site and App are provided on an “as is” and “as available” basis without representations, warranties, guarantees or conditions of any kind, either express or implied. We expressly disclaim all representations, warranties, guarantees and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement or those arising out a course of dealing or usage of trade for our Site and App. We make no representations, warranties or conditions regarding the availability appropriateness, completeness, accuracy, or currency of our Site, App or description of our Products. For greater clarity, we do not represent or warrant that: (i) our Site or App do not and will not infringe, or be subject to any intellectual property claims, or a claim of infringing the trademark or other rights of another party; (ii) our Site or App will be uninterrupted, functional, secure, reliable, accurate, complete, current, useful, suitable, secure or error-free; (iii) our Site or App will be suitable, accurate, correct, reliable, complete, timely, error-free or will meet your requirements and expectations in any way; (iv) any defects in our Site and App will be corrected; and (v) we have verified or endorsed any third party content. our Site, App and description of our Products may include technical inaccuracies or typographical errors, and we may make changes or improvements to the Site and App at any time.
  4. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
  5. In no event shall ovo, its directors, officers, shareholders, employees, third party providers, agents or advisors (“associated persons”) be liable to you or any other person or entity for any direct, indirect, exemplary, special, incidental, consequential or punitive damages, including loss of income, loss of profits, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses or other economic or personal loss arising from or in connection with: (i) your use of or reliance on any user content or the information provided by us on our Site or App; (ii) your use of or inability to use our Site or App; (iii) your violations of trademark infringement or other intellectual property rights; (iv) any failure of performance of our Site and App (including, but not limited to the inability to use any component of the Site or App to purchase our Products), whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; (v) the unauthorized use of your account and password by any person; (vi) any Third Party Content or hyperlinked sites; (vii) your user content or other information that you transmitted or shared with other users or the public through or in connection with our service; or (viii) any other matters relating to our Site and App, whether based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not we had any knowledge, actual or constructive, that you might incur such damages.
  6. We disclaim any and all such above representations, warranties and conditions to the fullest extent permissible under applicable law.
  7. The laws of some countries do not allow some limitations on implied warranties or conditions or the exclusion or limitation of certain liability. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights.
  8. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. In the United Kingdom, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

12. Indemnity

You shall at all times defend, indemnify and hold harmless OVO, its employees, contractors, agents, officers, directors, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of our Site, App or Products, or from your violation of these Terms of Use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of our Site, App and Products, including but not limited to trademark infringement or other intellectual property claims from third parties.

13. System Security

You are prohibited from using any services or facilities provided in connection with our Site or App to compromise security or tamper with our system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. We reserve the right to investigate suspected violations of these Terms of Use and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to be violating these Terms of Use.

14. Governing Law; Jurisdiction

These Terms of Use and any action related thereto or related to our Site, App, your Order and the Products shall be governed, controlled, interpreted and defined by and under the laws of England without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. Your use of our Site and App is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our Site or App or purchase our Products in any such circumstances.

If you are a consumer in the EU, you may bring a claim in the country in which you live.

For EU residents: The European Commission provides an online dispute resolution platform which you can access here: http://ec.europa.eu/consumers/odr/. OVO is not a member of any alternative dispute resolution body and does not agree to using this platform and will try and resolve any problems directly.

15. Termination

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We reserve the right to suspend or terminate your use of our Site or App and remove and discard any information related to you and your use of our Site and App at any time, for any reason, with or without cause, if we believe that you are violating these Terms of Use in any way. If you wish to terminate your account, you may choose to cease use of the Site and App or to send us notification by email at infocanada@octobersveryown.net. If you are dissatisfied with our Site or App, including these Terms of Use, your sole remedy is to discontinue using our Site and App by ceasing to use the Site and the App.

16. Entire Agreement

These Terms of Use together with the Privacy Policy and any of our other legal notices, policies and guidelines linked to these Terms of Use constitute the entire agreement between you and OVO relating to your use of our Site, App and your Order and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on our Site.

17. No Agency; Third Party Beneficiary

We are not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you and OVO. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clauses 11 and 12. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms of Use.

18. Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without our prior written consent.

19. Severability

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

20. No Waiver

We will not be considered to have waived any of our rights or remedies described in these Terms of Use unless the waiver is in writing and signed by us. No delay or omission by us in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.

21. Headings

The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms of Use.

22. Language

You agree that English will be the language of our Site and of all transactions occurring in connection with our Site, App, your Order and the Products, and you agree to waive any right to use and rely upon any other language or translations. You acknowledge that it is your express wish that these Terms of Use have been drawn up in English

Last Modified

These Terms and Conditions were last modified on 05/08/2019

COOKIES

1. Cookies, Web Beacons and Other Similar Technology

As you interact with this Site and our App, we may use automatic data collection technology and services that record and collect information that identifies your computer, tracks your use of this Site and collects certain other information about you and your surfing habits. Our Site uses cookies to distinguish you from other users of our Site. This data collection technology may include cookies, web beacons and other similar devices on this Site and our App to enhance functionality and navigation for our visitors. By using our Site and our App, you, you consent to our use of cookies in accordance with the terms of this policy.

A cookie is a small data file that is placed on the hard drive of your computer so that your computer will “remember” information when you visit a site. Web beacons and tags are small strings of code that are used in conjunction with a cookie and allow us to record activity on our Site. Internet tags, graphic tags and similar web beacon type functions allow us to count the number of users who have visited a particular web page or to access certain cookies. We may use web beacons on this Site to count users and to recognize users by accessing our cookies. Being able to access our cookies allows us to personalize this Site and improve your experience at our Site. We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened. Information tracked through these mechanisms includes, but is not limited to: (i) your IP address; (ii) the type of web browser and operating system being used; (iii) the pages of the Site a user visits; and (iv) other sites a user visited before visiting our Site.

We may also employ cookies and action tags (also known as single pixel gifs or web beacons) to collect information about your use of, and activities on, our Site for our use but also for use by third parties that serve advertisements about OVO on other sites you may visit. For instance, we may use Third Party programs/services, such as AdSense or AdWords run by Google Inc. (“Google”), to serve advertisements on our behalf across the Internet. These Third Party programs/services may collect information about your visits to our Site, and your interactions with our App. In addition to the information about your visits to our Site, Third Parties may also use the information about your visits to other sites to target advertisements for services available from OVO.

To enrich our Site and App content, we may from time to time utilise content from other providers and social media websites such as Facebook, Twitter and YouTube. This data could be in the form of links to pages or embedded video content. As a result, when you visit a page with content embedded, you may be presented with cookies from these websites. We have no control over these cookies or cannot accept any liability for their use or application. You should check the relevant third party’s cookie policy for information on their use and application.

You can set your internet browser up so that you are notified when cookies are stored. You can decide in each individual case whether you want to accept cookies, or you can refuse to accept any cookies. However, if you do not accept cookies, you may be restricted in how you are able to use our Site. You can delete cookies that are already stored on your hard disk at any time. You will find more details on how to do this in the operating guide for your Internet browser program.

As described above, you may be able to set your browser to refuse cookies. If you refuse cookies you may still receive online advertising, but it may be less personalized.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our Site and our App. They include, for example, cookies that enable you to log into secure areas of our Site and our App use a shopping cart or make use of e-billing services.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Site and our App when they are using it. This helps us to improve the way our Site and our App works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our Site and our App. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies. These cookies record your visit to our Site and our App, the pages you have visited and the links you have followed. We will use this information to make our Site and our App and the advertising displayed on them more relevant to your interests. We may also share this information with third parties for this purpose.