Terms and Conditions
The use by you of this website and the purchase by you of a membership subscription through this website is conditional upon your acceptance of these rather officious yet necessary terms and conditions. Please read on.
Before offering to buy a membership subscription you must open an account (sign in) with us and by doing so you are deemed to have accepted these terms and conditions. If you don’t accept these terms and conditions, we are afraid you will not be able to open an account and become an OOSM Member.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company OOSM net d.o.o. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing germanic law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
We may revise this legal notice at any time by updating this page. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this website.
Information about us
oosm.net and related microsites – our “website” – is a site operated by OOSM net d.o.o. (we). Our registered office is at Trata VII/5, 1330 Kočevje, Slovenia. Our main trading address is the same.
Buying an OOSM membership subscription
We sell subscription services to our customers whereby we also send the desired product at the agreed time to the desired place. Every membership subscription is made clear at the time of purchase and through subsequent confirmation emails.
Our membership subscription packages will auto-renew and we will provide adequate notice to yourselves in digital (email) notification. At any time you can ask to cancel the packages before the begining of the new month / year in which it would usually renew.
By placing an order through our site, you confirm that:
You’re legally capable of entering into binding contracts;
You grant us an irrevocable non-exclusive licence to use for any purpose any content you post on our website or otherwise communicated to us via any media.
How the contract is formed between you and us
Starting on the purchase of one of our membership subscription packages until cancellation or transferring of the subscription to another individual agreed with OOSM, if appropriate to that subscription package.
OOSM’s obligations under this agreement are to issue the subscription to you according to the agreement. We are responsible for you receiving the desired services and goods.
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party.
If you’re contracting as a consumer, you may cancel a contract at any time within 14 days. In this case, you’ll receive a full refund of the price paid for the subscription, in accordance with our refunds policy.
To cancel a contract, you must inform us in writing or by email. We’ll then cancel your subscription. This provision does not affect your statutory rights.
Price and payment
The price of any subscription will be as quoted on our site, except in cases of obvious error. If there’s an obvious pricing error in relation to the subscription which could have reasonably been recognised by you as a mis-pricing then we have the right to cancel any subscription issued in respect of the deal and issue you a refund in respect of the same.
Payment for all services and products may be made by credit or debit card and/or Paypal. We may sometimes preauthorise your credit card, debit card and/or other method of payment when you offer to buy a subscription but will only charge your credit or debit card up to 30 days before the products are despatched as part of the subscription package.
The products are sold under the condition that they will at no point become the subject of duty or tax evasion. Ensuring that any relevant duties or local taxes have been paid remains the sole responsibility of the customer and we will not be liable for any actions undertaken without the appropriate duties having been paid subsequent to sale.
Our refunds policy
If we’re providing a refund:
because you have cancelled the contract between us in accordance with this agreement and within the 14-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the subscription in full.
for any other reason at our discretion we will notify you of such refund via email within a reasonable period of time. We’ll usually process the refund due to you as soon as we can.
All returned products must include original package material such as boxes, manuals and foam inserts.
All retuned products must be free of physical damage including liquid or other substances.
Returns constitute receipt of the product at our facility.
Opening the “oosmPlayer” device will void the 1 year warranty
All products carry 1 year full warranty.
Defective product must be free of physical damage including liquid or other external substances.
Replacements for defective product purchased within 30 days will be shipped as soon as we receive the defective product.
Out of warranty: once we receive and diagnose a unit, we will provide a quote for the work to be performed. If quote is approved and paid by customer, we will repair, certify the unit and ship it back to the customer.
For immediate replacements of a defective product purchased within 30 days we require that you provide us with a picture of an untampered seal and serial number as well as the tracking number of the unit after it was picked up by the mail carrier. Once we receive this information we can send a replacement unit prior to receiving the defective unit.
For immediate replacements of a defective oosmPlayer purchased after 30 days we require a full payment of a new oosmPlayer and we will ship the product immediately. As soon as we receive your defective oosmPlayer we will evaluate it and give you credit for the components which can be refurbished.
We’ll also usually refund any money received from you using the same method originally used by you to pay for your subscription.
If you want to share the content on our site with your friends, we’d be delighted, but please use the sharing tools provided.
You’re permitted to print and download extracts from the website for your own use on the following basis:
no documents or related graphics on the website are modified in any way;
no graphics on the website are used separately from the corresponding text; and
our copyright and trademark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the website (including without limitation photographs and graphical images) are owned by us or our licensors.
For the purposes of this legal notice, any use of extracts from the website other than in accordance with these terms and conditions for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website.
Subject to these terms and conditions, no part of the 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. Any rights not expressly granted in these terms are reserved.
While we endeavour to ensure that the website is normally available 24 hours a day, we shall not be liable if, for any reason, the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Sorry about that.
The service provided by our software running on any device may not work as advertised if a stable internet connection is not provided. This does not apply where our service explicitly markets features that do not require a stable internet connection.
Visitor material and conduct
that’s threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the website (including, without limitation, by hacking). We shall fully co-operate with any law enforcement authorities or court order requesting or directing the company to disclose the identity or locate anyone posting any material in breach of these terms and conditions.
Links to and from other websites
Links to third party websites on the website are provided solely for your convenience. If you use these links, you leave the website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability.
We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the membership subscription you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. This does not include or limit in any way our liability:
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms and conditions by us that would entitle you to terminate the contract between us, including but not limited to:
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data
loss of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise [even if foreseeable].
Suspension and termination
We will determine, with discretion, whether there has been a breach of these terms and conditions through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate which may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
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.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.
If you believe any content posted by another user is in breach of these terms or in any other way infringes your rights, you can send us a formal notice (a “moderation notice”):
A moderation notice should be sent either:
by post: to our current registered office, marked for the attention of “The Legal Department”; or
by email: firstname.lastname@example.org
The moderation notice should include details of:
the date, time and listing of the comment(s)/content concerned;
the action that you wish us to take in respect of the comment(s)/content; and
the basis on which the action requested is requested (e.g. alleging it to be defamatory, abusive or otherwise in breach of these terms).
On receipt of the moderation notice, we shall, in most circumstances:
immediately suspend the comment(s)/content concerned;
commence an investigation into it/them; and
contact the user(s) concerned:
with a copy of your moderation notice;
Giving them an opportunity to make representations to us in connection with their comment(s)/content and any points you made in your moderation notice; and requesting that they respond to us within 21 days.
If we do not receive a response from the user(s) within 21 days, we will permanently delete the relevant comment(s)/content.
Once we have received a response from the user(s), we will take a decision within 21 days on whether to reinstate the comment(s)/content, permanently delete it/them or keep it/them suspended pending further investigation.
Once we have taken our decision, we will notify you and the user(s) concerned as soon as possible. When notifying you of the decision, we will attach a copy of the user(s)’ representations (if any), redacted to protect their identity.
For the purposes of openness and fairness, we will send copies of all relevant correspondence addressed to it to all parties, again redacted where appropriate to protect the user(s)’ identity.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
Law and jurisdiction
This agreement and any dispute arising out of if will be governed by Germanic Law. Any dispute or claim arising out of or in connection with this agreement or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction appropriate court.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.