Ohme Website Terms of Use

1. Who we are and how to contact us

1.1. ohme-ev.com is a site where:

1.1.1. the UK site is operated by Ohme Operations UK Limited of 5th Floor, Wellington House, 125-130 The Strand, London WC2R 0AP;

1.1.2. the Irish and other European location sites are operated by Ohme Operations Ireland Limited of Unit 74, Penrose Wharf, Penrose Quay, Cork T23 HR51, Republic of Ireland; and

1.1.3. the Australian site is operated by Ohme Operations Australia Pty Limited of Suite 8, 35 Alexandra Street, Hunters Hill NSW 2110 Australia.

1.2. In these terms, the relevant Ohme entity is referred to as “Ohme”, “we”, “us” or “our”.

1.3. To contact us, including if you wish to report any illegal content or make a complaint about any other content, please email [email protected].

2. Terms that may apply

2.1. These terms of use, along with the applicable Privacy Policy and Cookie Policy apply to your use of our website.

2.2. If you purchase products or services from our website, the applicable General Terms and Conditions and Mobile App End User Terms will apply.

2.3. Our Privacy Policy, Cookie Policy and General Terms and Conditions are all linked to at the bottom of our homepage on the Ohme website you are visiting and the Mobile App End User Terms are available either on the relevant Ohme website or in our mobile app.

3. Changes to these Terms

We may amend these terms from time to time. Every time you wish to use our website, please check these terms to ensure you are aware of the terms that apply at that time. It is your responsibility to familiarise yourself with the terms every time you visit our website.

4. Changes to our Website

We may update and change our website from time to time to reflect changes to our products and services, our customers’ needs, and our business priorities.

5. Suspending or withdrawing our Website

5.1. Our website is made available free of charge.

5.2. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

5.3. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use, and that they comply with them.

6. Our Website is only for users in the territories in which we operate

Our website is directed to people residing in the territories in which we operate, which are indicated on the geolocator function on our website. We do not represent that content available on or through our website is appropriate for use or available in other locations. If you are accessing our website from outside one of these territories, you do so at your own risk and are responsible for compliance with laws in your jurisdiction.

7. Using our Website and the material on it

7.1. You must not use our website in any way that breaches any applicable law, or that is unlawful or fraudulent or has any unlawful, malicious, or fraudulent purpose.

7.2. We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws around the world. All such rights are reserved.

7.3. You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

7.4. 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.

7.5. Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged (except where the content is user-generated).

7.6. You must not use any part of the content on our website for commercial purposes without obtaining permission to do so from us or our licensors.

7.7. If you print off, copy, download, share or repost any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. Trademarks and other intellectual property rights

You are not permitted to use any trademarks and other intellectual property rights owned by us (or our licensors) on our website without our approval, unless they are part of material you are using as permitted under section 7 above.

9. Information on this Website

9.1. The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely.

9.2. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete, or up to date.

10. Data mining and web scraping

10.1. You shall not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to our website or any services provided via, or in relation to, our website.

11. Viruses

11.1. We do not guarantee that our website will be secure or free from bugs or viruses.

11.2. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

11.3. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 or equivalent in the relevant jurisdiction.

11.4. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

11.5. We exclude to the extent permitted by law, our responsibility in connection with:

11.5.1. any damage or loss caused by errors, viruses, other malicious code, or harmful components originating or contracted from our website or from any third-party websites linked to our website; and

11.5.2. any interruptions in your access to our website.

12. Websites we link to

12.1. Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

12.2. We have no control over the contents of those websites or resources. You may be subject to the terms of use applicable to such third-party websites.

13. Linking to our Website

13.1. Where you own a website, you may link to our home page on your website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Unless you obtain our prior written permission, 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.

13.2. We reserve the right to withdraw linking permission without notice.

14. Our responsibility for loss or damage to you

14.1. Whether you are a consumer or a business user. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products and services to you, which will be set out in the applicable General Terms and Conditions and Mobile App End User Terms (linked to at the bottom of our homepage on the Ohme website you are visiting).

14.2. If you are a business user:

14.2.1. We exclude all implied conditions, warranties, representations, or other terms that may apply to our website or any content on it.

14.2.2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our website; or use of or reliance on any content displayed on our website. In particular, we will not be liable for loss of profits, sales, business, revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.

14.3. If you are a consumer user:

14.3.1. Please note that we only provide our website for domestic and private use. You agree not to use our website 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.

14.3.2. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by taking reasonable action, including following our advice to apply an update or for damage caused by you failing to correctly follow our instructions or to have in place the minimum system requirements advised by us.

15. Your privacy

We will only use your personal data as set out in the applicable Privacy Policy (linked to at the bottom of our homepage on the Ohme website you are visiting).

16. We may transfer these terms to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

17. Which laws apply and where to bring claims

17.1. If you are a consumer user:

17.1.1. In the UK, these terms of use, their subject matter, and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

17.1.2. In Ireland or any other European territory, these terms of use, their subject matter, and their formation, are governed by Irish law. You and we both agree that the courts of Ireland will have exclusive jurisdiction except that if you are a resident of another European territory, you may also bring proceedings in that European territory.

17.1.3. In Australia, these terms of use, their subject matter, and their formation, are governed by the laws of New South Wales. You and we both agree that the courts of New South Wales will have exclusive jurisdiction except that if you are a resident of another Australian state, you may also bring proceedings in that Australian state.

17.2. If you are a business user:

17.2.1. In the UK, these terms of use, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

17.2.2. In Ireland or any other European territory, these terms of use, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by Irish law. We both agree to the exclusive jurisdiction of the courts of Ireland.

17.2.3. In Australia, these terms of use, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by the laws of New South Wales. We both agree to the exclusive jurisdiction of the courts of New South Wales.