These terms
Information about us and how to contact us
Other terms
Our site
Your account
Material on our site
Links to and from other websites
Our responsibility for loss or damage suffered by you
User-generated content
Ensuring site security
Breach of this policy
Further legal action
Other important terms
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1. These terms
1.1 What these terms cover. These terms tell you the rules for using our website www.optibacprobiotics.com (our site). They also set out the content standards that apply when you upload content to our site, link to our site, or interact with our site in any other way. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
1.2 Agreement to these terms. If you do not agree to these terms, you must not use our site. 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.
1.3 We may make changes to these terms. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
2. Information about us and how to contact us
2.1 Who we are. We are Optibac Probiotics. Optibac Probiotics is the trading name of by Wren Laboratories Limited and Medipharma Limited. Our website is www.optibacprobiotics.com which is operated by Wren Laboratories Limited and Medipharma Limited, both companies are registered in England and Wales. Throughout this policy we refer to ‘we’ or ‘our’, which means Wren Laboratories Ltd and/or Medipharma Ltd. Wren Laboratories Limited’s company registration number is 5094520 and Medipharma Limited’s company registration number is 2658133 and both companies’ registered office is at 21 & 22 Mayfield Avenue Industrial Park, Andover, Hampshire SP11 8HU. The registered VAT number for both companies is GB 319320031.
2.2 How to contact us. You can contact us by completing the Contact Us form or calling customer services on +44 (0)1264 339 770 or writing to us at enquiries@optibacprobiotics.com or 21 & 22 Mayfield Avenue Industrial Park, Andover, Hampshire SP11 8HU.
3. Other terms
3.1 There are other terms that may apply to you. These terms of use refer to the following additional terms, which also apply to your use of our site:
(i) Our Privacy Policy.
(ii) Our Cookie Policy which sets out information about the cookies on our site.
3.2 Purchasing our products. If you purchase products from our site, our Terms of Sale will apply to the sales.
4. Our site
4.1 We may make changes to our site. We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities or legal obligations.
4.2 We may suspend or withdraw our site. Our site is made available free of charge. We do not guarantee that our site, 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 site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.3 This is a UK website. Our site is mainly directed to people residing in the United Kingdom and it is governed by the law of England and Wales. However, it is also accessible internationally and we ship our products internationally. We do not represent that content available on or through our site is appropriate for use or available internationally.
5. Your account
5.1 You must keep your account details safe. If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.2 Right to disable. We have the right to disable any user password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user password, you must promptly notify us by completing the Contact Us form or calling customer services on +44 (0)1264 339 770 or writing to us at enquiries@optibacprobiotics.com
6. Material on our site
6.1 Three different sections to the site. Please be aware that this site is categorised into three individual and distinct sections:
(i) the primary Optibac Probiotics section;
(ii) the Probiotics Learning Lab, and
(iii) Probiotic Professionals.
These different sections of the site have different intended audiences and access restrictions. The primary Optibac section is intended for consumers to purchase our products and any sales are subject to the Terms of Sale
The Probiotics Learning Lab is intended for members of the public as a non-commercial, open educational resource.
Probiotic Professionals is intended for healthcare professionals as a non-commercial resource for related news and research, and entry to this section is prefaced by a pop-up notice to this effect. Searches made in any of the three sections will return relevant results from all three sections, and your departure from one section to another will be made obvious by the difference in appearance between the three sections. These Terms and Conditions apply to all three sections and this site as a whole.
6.2 How you may use material on our site. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
(i) 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.
(ii) 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.
(iii) Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. Any copies made must include our copyright and trademark notices and this permission notice.
(iv) Unless otherwise stated the copyright and trademark notices and other intellectual property right in all material on our site (including without limitation photographs and graphical images) are owned by us or our licensors.
(v) No part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
(vi) 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.
(vii) 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.
6.3 Do not rely on information on this site. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
7. Links to and from other websites
7.1 We are not responsible for websites we link to. Where our site contains links to other sites 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. We have no control over the contents of those sites or resources and we are not responsible for these websites, their content or availability.
7.2 Linking to our site. If you would like to link to this site, you may only do so subject to the following conditions:
(i) you may link to pages on our website (but not replicate them), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
(ii) you do not remove, distort or otherwise alter the size or appearance of the Optibac Probiotics logo;
(iii) our site must not be framed on any other site or any other browser or border environment, nor may you create a link to any part of our site other than the home page.
(iv) 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;
(v) do not misrepresent your relationship with us nor present any other false information about us or our products or make false claims relating to us or our products;
(vi) you do not otherwise use any Optibac Probiotics trademarks displayed on this site or identified in clause 13.1 without our express written permission; (vii) you do not link from a website that is not owned by you; and
(viii) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
7.3 Compliance. The website in which you are linking must comply in all respects with the content standards set out in these Terms. If you wish to link to or make any use of content on our site other than that set out above, please contact us by completing the Contact Us form or calling customer services on +44 (0)1264 339 770 or writing to us at enquiries@optibacprobiotics.com
7.4 Right to revoke. We reserve the right to withdraw linking permission without notice and to take any action we deem appropriate. You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 7.2.
8. Our responsibility for loss or damage suffered by you
8.1 Liability limitations. 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. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms of Sale.
8.2 If you are a consumer user. Please note that we only provide our site for domestic and private use. You agree not to use our site 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 will only use your personal information as set out in our Privacy Policy.
9. User-generated content
9.1 Content Standards. These content standards apply to any and all material which you contribute to our site. This site may include information and materials written in the form of articles in the Probiotics Professionals section; educational resources in the Probiotics Learning Lab; or from users of the site, in the form of reviews (Contributions). This clause must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our discretion, whether a Contribution breaches this clause.
A Contribution must not:
(i) Be defamatory of any person, bully, insult, intimidate or humiliate, be obscene, offensive, hateful or inflammatory.
(ii) Be likely to deceive any person.
(iii) Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(iv) Impersonate any person,or misrepresent your identity or affiliation with any person.
(v) Contain any advertising or promote any services or web links to other sites.
9.2 Posting contributions. In providing or posting any Contribution to this site, you must ensure that your Contribution:
(i) is accurate (where it states facts);
(ii) is genuinely held (where it states opinions);
(iii) is not likely to deceive any person;
(iv) does not impersonate any person, or misrepresent your affiliation with any person;
(v) does not reference use of our supplements for treating or diagnosing any medical conditions;
(vi) complies with the content standards in clause 9.1; and
(vii) complies with the law applicable in England and Wales and in any country from which it is posted.
9.3 Warranty. You warrant that any Contribution complies with clause
9.2. You will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
9.4 Contribution moderation. Contributions will be checked by us to ensure compliance with our regulators. The views expressed are those held by the author and do not necessarily represent our views or values.
9.5 Disclosure and removal. We have the right to disclose your identity to any third party who is claiming that any Contribution posted to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any Contribution you make on our site if, in our opinion, your Contribution does not comply with the content standards set out in clause 9.1.
9.6 How to complain about content. If you wish to complain about a Contribution, please contact us by completing the Contact Us form or calling customer services on +44 (0)1264 339 770 or writing to us at enquiries@optibacprobiotics.com
9.7 Rights you are giving us to Contributions. Other than personally identifiable information, which is covered under the Privacy Policy, when you post or provide a Contribution, you grant us the following rights to use that content:
(i) any material you provide, including the content of any reviews, will be considered non-confidential and non-proprietary;
(ii) we and our nominees will be free to copy, disclose, distribute and use such material for any and all commercial or non-commercial purposes. Without limiting our rights under these terms, we are under no obligation to publish any Contribution you post to this site and we may edit any material you provide in order to comply with our legal and regulatory obligations (this may include editing content in order to ensure that no medical advice nor reference to medical conditions, which could be construed as medical claims, are hosted on the site).
10. Ensuring site security
10.1 Security. We make all reasonable efforts to maintain our site but we do not guarantee that our site will be completely secure. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
10.2 Do not misuse our site. You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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. 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 site will cease immediately.
11. Breach of this policy
When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate and may result in our taking all or any of the following actions:
(i) Immediate, temporary or permanent withdrawal of your right to use our site or any Contribution made.
(ii) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
12. Further legal action
12.1 Disclosure. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law. We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
13. Other important terms
13.1 Our trademarks are registered. The trademarks registered under numbers UK00002624044 for “Optibac” and UK00002624045 for Optibac Probiotics are UK registered trademarks of Wren Laboratories Limited. You are not permitted to use them without our approval.
13.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.3 Governing Law. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales