Introduction

These terms and conditions of use (Terms of Use) explain how you may use our website at www.oxprox.org and our Web Platform (as defined below).

In these Terms of Use:

• Site means our website found at www.oxprox.org and/or the Web Platform, and any of their content, associated functionality and/or underlying technology.
• Web Platform means the online web platform which we may provide from time to time for individuals to be able to access our global database of proxy voting records.
• we, us or our means OxProx Limited, a company registered in England with company number 13707804. Our registered office at c/o Jos Rush, 3a Market Place, Woodstock, United Kingdom, OX20 1SY.
• you or your means the person accessing or using the Site.

1 About these Terms

1.1   These Terms of Use apply between us and you and explain how you may use the Site.

1.2   You should read these Terms of Use carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms of Use. If you do not agree with any of these Terms of Use, you should stop using the Site immediately.

1.3 If you have any questions about these Terms of Use or the Site, please contact us via email at hello [at] oxprox [dot] org.

2 About us

2.1 We are OxProx Limited, a company registered in England with company number 13707804. Our registered office is at c/o Jos Rush, 3a Market Place, Woodstock, United Kingdom, OX20 1SY.

3 Using the Site

3.1 The Site is for your personal and non-commercial use only. The Site may be used for accessing information about us and to use the Web Platform. Use of the Site in any other way, including any unacceptable use as set out in these Terms of Use, is not permitted.

3.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

3.3 As a condition of your use of the Site, you agree not to:

3.3.1 misuse or attack the Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack);

3.3.2 attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site;

3.3.3 use the Site:

(a) for any purpose that is unlawful under any applicable law or prohibited by these Terms of Use;
(b) to commit any act of fraud;
(c) to introduce or distribute viruses or malware or other similar harmful software code;
(d) to provide services or data to any third party (whether for commercial gain or not);
(e) for your financial gain (whether directly or indirectly obtained);
(f) for purposes of promoting unsolicited advertising or sending spam;
(g) to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
(h) in any manner that:

(i) disrupts or is likely to disrupt the operation of the Site and/or any Account or business or the website or business of any other entity;
(ii) collects or harvests any information or data or attempts to decipher any transmissions to or from the servers running the Site;
(iii) is malicious, deceptive, offensive, obscene, sexually explicit, or discriminatory;
(iv) is likely to cause offence, embarrassment or annoyance to others;
(v) harms or may harm minors;
(vi) involves unreasonable, dishonest and/or offensive behaviour towards our staff, and anyone acting on our behalf (including any third parties or our suppliers);
(vii) promotes any unlawful activity; or
(viii) represents or suggests that we endorse any other business, product or service;
(i) to gain unauthorised access to or to gain the use of computers, data, systems, accounts or networks; or
(j) to attempt to circumvent password and/or other user authentication methods.

3.4 We may prevent or suspend your access to the Site (in whole or in part) if you do not comply with these Terms of Use or any applicable law.

3.5 You may create a link to the Site (in whole or in part) from another website without our prior written consent provided no such link:

3.5.1 creates a frame or any other browser or border environment around the content of the Site (or the relevant part of it);

3.5.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place the link;

3.5.3 displays any of the trade marks or logos (whether register or unregistered) used on the Site without our permission or that of the owner of such trade marks or logos; or

3.5.4 is placed on a website that itself breaches these Terms of Use.

3.6 We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

4 Accessing the Web Platform – Registration and password security

4.1 You must complete our customer registration when accessing the Web Platform for the first time.

4.2 We are not obliged to permit anyone to register to use the Web Platform and we may refuse, terminate or suspend registration to anyone at any time.

4.3 You are responsible for making sure that your password details are kept secure and confidential.

4.4 If we have reason to believe there is likely to be a breach of security or misuse of the Site or Web Platform through your customer registration, or your use of the Web Platform, we may notify you and require you to change your password, or we may suspend or terminate access to the Site (in whole or in part).

5 Your privacy and personal information

Your privacy and the security of your personal information is important to us. Any personal information that you provide to us will be collected and processed in line with our Privacy Policy. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

6 Ownership, use and intellectual property rights and non-personal data

6.1 Any proprietary rights (including intellectual property rights) in the Site and in any data, text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors, except for the voting record data which is compiled by us but may be owned by various different third parties.

6.2 We and our licensors reserve all our proprietary rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

6.3 Nothing in these Terms of Use grants you any legal rights in the Site or the Content other than as necessary for you to access them. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.

6.4 You may not use our trade marks, logos or trade names except in accordance with these Terms of Use.

7 Submitting information to the Site

7.1 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.

7.2 Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

8 Accuracy of information and availability of the Site

8.1 We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site or any information in them and/or which we provide you with access will be fit or suitable for any purpose, and we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. Any reliance that you may place on the information on the Site is at your own risk.

8.2 Any Content (as defined in clause 6.1 above) is provided for your general information purposes only but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using the Site and/or the Content.

8.3 While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted. We may suspend or terminate access or operation of the Site at any time as we see fit.

9 Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site and is at your own risk.

10 Breach

We shall apply these Terms of Use in our absolute discretion. In the event of your breach of these Terms of Use we may terminate or suspend your use of the Site and take any action we consider necessary or otherwise required to remedy the breach.

11 Our responsibility to you

11.1 If we breach these Terms of Use or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms of Use were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

11.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage or otherwise loss to non-consumers.

11.3 We are also not liable to you for any loss or breach of these Terms of Use caused by an event or circumstances beyond our control, or for any loss which would have been avoidable had you taken reasonable action.

11.4 Nothing in these Terms of Use excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

12 Disputes

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with any matter, please contact our us as soon as possible using the contact details set out in clause 1.4 of these Terms of Use.

13 General

13.1 We may appoint any third party in connection with the Site. Where your personal data is shared with any such third-party, this shall be in accordance with our Privacy Policy.

13.2 If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms of Use.

13.3 No one other than us or you has any right to enforce any of these Terms of Use. These Terms of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms of Use.

13.4 Even if we delay in enforcing these Terms of Use, we can still enforce them later.

13.5 We reserve the right to vary these Terms of Use from time to time. Our updated Terms of Use will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Use from time to time to verify such variations.

13.6 The laws of England and Wales apply to these Terms of Use, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

13.7 Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.