This website and any mobile application (collectively, this “Site”) is owned by Almerimar Business Solutions T/A The Olive Branch (“We”, “Us” “Our” or “Almerimar Business Solutions T/A The Olive Branch”). We are providing you with access to this Site and our online store (together, our “Services”) subject to the following terms and conditions.
By browsing, accessing, using, registering for or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). We request that you please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms‚ you should not browse, access‚ use‚ register for or purchase merchandise from the Site.
You represent and warrant that you are aged 18 years or over or visiting this Site under the supervision of a parent or guardian.
Use of This Site
Subject to your compliance with these Terms‚ We grant you a limited‚ non-exclusive‚ non-transferable‚ non sub-licensable license to access and make personal‚ non-commercial use of this Site. This license grant does not include:
Any resale or commercial use of this Site or content therein
The collection and use of any product listings or descriptions
Making derivative uses of this Site and its contents
Use of any data mining‚ robots‚ or similar data gathering and extraction methods
You may not use‚ frame or utilise framing techniques to enclose any of Our trademarks‚ logos‚ content or other proprietary information, including the images found at this Site together with the content of any text or the layout/design of any page or form contained on a page, without Our express written consent.
Further‚ you may not use any meta tags or any other “hidden text” utilising Our name‚ trademark‚ or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted to you without notice to you.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the hyperlink does not portray Us, Our products or services in a false, misleading, derogatory, or otherwise offensive manner. This limited right may be revoked by Us at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission from Us.
In order to access some features of this Site‚ you may be required to register and We may assign to you, or you may be required to select, a password, user name or account identification to complete this access. If you register‚ you agree to provide Us with accurate and complete registration information‚ and to inform us immediately of any updates or other changes to such information.
You are solely responsible for protecting the security and confidentiality of any password and identification assigned to you. You shall immediately notify Us of any unauthorised use of your password or identification or any other breach or threatened breach of this Site’s security. Each time you use a password or identification, you will be deemed to be authorised to access and use the Site in a manner consistent with these Terms and We have no obligation to investigate the authorisation or source of any such access or use of this Site.
You will be solely responsible for all access to and use of this Site by anyone using the password and identification originally selected by, or assigned to you, whether or not such access to and use of this Site is actually authorised by you, including, without limitation, all communications, transmissions and all obligations, including without limitation, any financial obligations, incurred through such access or use.
When you use this Site, or send e-mails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We may provide to you electronically satisfy any legal requirements that such communications be in writing.
This Site may include features and functionality (“Interactive Features”) that allow users to create post, transmit or store content, such as text, music, sound, photos, video, graphics or code on the Site (“User Content”). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that you use any Interactive Features at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Site any of the following:
User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, national or international law;
User Content that displays, describes or encourages usage of any product sold on this Site in a manner that could be considered offensive, inappropriate or harmful to Us or any user or consumer;
User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about any other individual where you have not obtained such individual’s prior consent;
User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
User Content that may include viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
Rights in User Content
Except or otherwise provided in these Terms on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content.
However, by submitting or posting User Content on this Site, you grant to Us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant other users of this Site the right to access your User Content in connection with their use of this Site.
By posting User Content to this Site, you represent and warrant that
Any such User Content is non-confidential
You own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms
The User Content is accurate and not misleading or harmful in any manner
The User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively “Feedback”).
You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification) to do the following:
Download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this Site‚ except and to the extent expressly permitted under these Terms;
Remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;
Use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this Site;
Collect any information about other users (including user names and/or e-mail addresses) for any purpose other than to solicit and/or share reviews with other users;
Reformat or frame any portion of any Web pages that are part of this Site;
Create user accounts by automated means or under false or fraudulent pretences;
Create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the Site;
Submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
Transmit or upload to this Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of this Site‚ any other Web site‚ or any computer or other device or system‚ or the enjoyment of this Site by any user;
Use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorised attempts to discover passwords or security encryption codes);
Submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;
Copy or store any User Content offered on this Site other than for your personal‚ non-commercial use;
Undertake any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available
Use this Site and/ or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ national or international law.
We have no obligation to monitor any user conduct on this Site. However We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
This Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by Us or our licensors and protected by applicable copyright laws.
The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract.
When we deliver to you or to another person, on your instruction, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. See Shipments Policy here. We reserve the right to increase, decrease, add or eliminate charges as required without prior notice. Shipping or handling charges may or may not reflect actual costs.
Only valid debit and credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorised to use the designated card or method and authorise us to charge your order (including shipping, handling and any other amounts described on the Site) to the designated card or other method. If the designated card, or other method, cannot be verified, or is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
All returns are governed by Our Return Policy, which can be found here.
It is our intent that this Site is as accurate as possible and fully reflects our Services and is free of viruses or other harmful components.
In the event of an error, whether on this Site, order confirmation, processing or delivery of a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary. We also reserve the right to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
All items displayed on the Site are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services if We believe the order is detrimental to Us.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
You may terminate these Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
To the fullest extent permitted by applicable law, you agree to indemnify Us, our subsidiaries, employees, service providers (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to:
Your access to and use or misuse of this Site
Any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site
Any Feedback that you provide
Any violation of these Terms
Any violation of any rights of another.
You agree to promptly notify Us of any third party Claims against the Site and cooperate with Us in defending such Claims. You also agree to pay all fees, costs and expenses associated with defending such Claims (including but not limited to legal fees). You further agree that We shall have the right to control of the defence or settlement of any third party Claims.
Limit of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.